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Feminism: Sex and gender discussions

NHS Fife tries to silence nurse - Sandie Peggie vs NHS Fife Health Board and Dr Beth Upton - thread #40

1000 replies

nauticant · 23/07/2025 21:35

Sandie Peggie, a nurse at Victoria Hospital in Kirkcaldy (VH), has brought claims in the employment tribunal against her employer; Fife Health Board (the Board) and another employee, Dr B Upton. Ms Peggie’s claims are of sexual harassment, harassment related to a protected belief, indirect discrimination and victimisation. Dr Upton claims to be a transwoman, that is observed as male at birth but asserting a female gender identity.

The Employment Tribunal hearing started on Monday 3 February 2025 and was expected to last 2 weeks. However, after 2 weeks it was not complete and it adjourned part-heard. It resumed on 16 July and the last day of evidence will be 28 July and then there will be 2 days of submissions from counsel meaning that the hearing will end on 30 July.

The hearing commenced with Sandie Peggie giving evidence. Dr Beth Upton gave evidence from Thursday 6 February to Wednesday 12 February.

Access to view the hearing remotely was obtainable by sending an email request to [email protected] by 5pm on Wednesday 9 July. Detailed instructions were provided here:

drive.google.com/file/d/16-9POEZ7yHWUr6EmbfquJZO18Gv78bSm/view

The hearing is being live tweeted by x.com/tribunaltweets and there's additional information here: tribunaltweets.substack.com/p/peggie-vs-fife-health-board-and-dr-005 and tribunaltweets.substack.com/p/peggie-vs-fife-health-board-and-dr-bd6. This also has threadreaderapp archives of live-tweeting of the sessions of the hearing for those who can't follow on Twitter, for example: archive.ph/WSSjg.

An alternative to Twitter is to use Nitter: nitter.net/tribunaltweets or nitter.poast.org/tribunaltweets

Links to previous threads #1 to #29 can be found in the header of thread #30.

Thread 30: mumsnet.com/talk/womens_rights/5375337-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-30
Thread 31: mumsnet.com/talk/womens_rights/5375819-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-31
Thread 32: mumsnet.com/talk/womens_rights/5376072-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-32
Thread 33: mumsnet.com/talk/womens_rights/5376608-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-33
Thread 34: mumsnet.com/talk/womens_rights/5377387-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-34
Thread 35: mumsnet.com/talk/womens_rights/5377598-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-35
Thread 36 mumsnet.com/talk/womens_rights/5378031-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-36
Thread 37: mumsnet.com/talk/womens_rights/5378200-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-37
Thread 38: https://www.mumsnet.com/talk/womens_rights/5378463-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-38
Thread 39: mumsnet.com/talk/womens_rights/5378747-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-39

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26
Jitrenka · 24/07/2025 09:56

MyAmpleSheep · 24/07/2025 09:45

They are not an affluent demographic, and the cost of all that private E adds up quickly.

The most remarkable thing about JKR is that she is willing to spend money.

I absolutely adore JKR and this coming from a woman who has never read or seen any of the Harry Potter stuff she is such a brave person to not only come out as supportive of womens rights but she does put her money where her mouth is because she knows every day women would struggle with the costs of say an employment tribunal and i am so grateful we have someone with the guts to say what needs to be said she is awesome!!
Plus in 100 years when they look back on this truly mental time and when their version of QI is on TV and they bring up women’s rights campaigners which Sandi Toksvig likes to do constantly because you know she is a feminist right.. just one who sticks up for men, and thinks us lowly peasants just havent spoke to a trans person! well it wont be Sandi they celebrate as a champion of womens rights it will be JKR and honestly in my opinion thats an even better legacy than Harry Potter!!

ItsNotUnusualToBe · 24/07/2025 09:56

I read so much Terry Pratchett that I forget that hag can be used as an insult. And that reminds me - in my head Bez's Fifer is a MacNacFeegle cousin of Rob Anybody. Maybe named Curt O'Porta (am aiming for something riffing off Court Reporter).

Am following this avidly and have mastered the art of scrolling-on where necessary and utterly gripped elsewhere.

DrBlackbird · 24/07/2025 09:56

Conxis · 24/07/2025 09:24

I hear JR is going to the argue the Supreme Court clarification doesn’t cover work places. So one side will lose on the point of whether Fife’s “policy” was legal and whether Dr U should ever have been there in the first place.
Im pretty sure if Sandie loses on that point she will appeal it. Do we think Fife or DU will appeal if they lose on that point?

Good grief. Does that this mean that every time and for every conceivable circumstance that women have to keep going back to the SC for another judgement? There’s been one for the Scottish govts policy on policy boards, but another separate one will be needed for prisons. Another one for hospitals. Another one for RRCs and so on. Won’t the SC get fed up with such an expensive and time consuming process?!

KTheGrey · 24/07/2025 09:57

hholiday · 24/07/2025 08:35

At what point would SP be able to retire and claim her NHS pension? I just wonder, after 30 years, that would be on my mind

I fear she will be in the retirement at 67 + band, unless she gets an early retirement offer and they don’t do those so much nowadays.

rebmacesrevda · 24/07/2025 09:57

ArabellaScott · 24/07/2025 09:53

I'm unclear how Searle is even involved in, say, staffing rotas. Or why her opinions would have much effect. Shes not HR not a manager?

She's a busybody though!

Firealarms · 24/07/2025 09:58

CatOnAHotRadiator · 24/07/2025 09:55

In terms of DU potentially claiming that could be an interesting case.

Yea, his behaviour is awful. No dispute. But a claim that determined that it is also detrimental to trans identifying staff to not have a clear legal policy that stops them from being put in the position DU is now would be helpful.

As a PP said though they’d prob settle and so we’d not get a determination.

Frankly ETs have such strict deadlines that DU might be out of time to bring a ET claim. Especially as the NHS treated him well, so whatever discriminatory act he might want to claim could be well defended and therefore he might not easily be able to complain about a continued course of mistreatment (which would allow him to complain about events older than 3 months).

GreenFriedTomato · 24/07/2025 09:58

First witness has been seated. The barristers are present. Just waiting for the judge and panel to arrive

Merrymouse · 24/07/2025 09:58

ArabellaScott · 24/07/2025 09:53

I'm unclear how Searle is even involved in, say, staffing rotas. Or why her opinions would have much effect. Shes not HR not a manager?

Apparently her opinions didn't have much affect when she ran up against Charlotte Myles

Harassedevictee · 24/07/2025 09:59

NebulousDogwhistle · 24/07/2025 09:17

Pregnancy is when I realised I was not, in fact, considered equal to my male work colleagues or my male husband. The misogyny of maternity care and the sudden sidelining of my career was a shock. Going back to work was one hell of a shock too, and I worked for a massive global company in their HQ with fantastic maternity policies.

I have seen this so many times. Women in younger generations to me, who benefitted from equal treatment through school, uni and work etc. then bam they choose to start a family and reality hits. The women who went before did so much for equality but there is that point where sex really does matter - motherhood.

Floisme · 24/07/2025 09:59

ickky · 24/07/2025 09:50

I don't understand why this wasn't solely a HR decision.

What was the point of HR if they are not dealing with disciplinaries and conflict between staff members.

Why was it left to the Line Managers who clearly had no clue how to conduct an investigation or themselves.

I was about to post something similar. If I'd been in Kate Searle's position, I'd have gone running to HR with Dr Upton's complaint as fast as my little legs would have carried me, and I'd have followed whatever advice they gave me to the letter. And yet it sounds as if HR were sidelined and, judging by those emails, not for the first time as they sound quite resigned to their advice being ignored.

ItsCoolForCats · 24/07/2025 10:00

prh47bridge · 24/07/2025 08:23

We are currently in the case for the defendants. We generally have a very clear division in civil cases - the claimant presents their case, then the defendants present theirs. Sometimes, in exceptional circumstances such as late evidence emerging, the claimant is allowed to re-open their case and call additional witnesses, but that is rare. The assumption is that all the remaining witnesses are for Fife. However, as we have seen, that doesn't necessarily mean their evidence will help Fife.

Thanks @prh47bridge Yes I agree, their witnesses don't seem to be helping their case much

CriticalCondition · 24/07/2025 10:00

But where do KS's requests for advice from someone with experience of dealing with a hate incident fit in with the undoubted arrogance and self belief? It's in her emails to the 19 consultants and to ED. She even told Esther 'it's completely new to me'.

Edit for typo.

ThatCyanCat · 24/07/2025 10:00

ickky · 24/07/2025 09:50

I don't understand why this wasn't solely a HR decision.

What was the point of HR if they are not dealing with disciplinaries and conflict between staff members.

Why was it left to the Line Managers who clearly had no clue how to conduct an investigation or themselves.

It's proof that whatever EDI is, it's outside the remit of HR.

HR is supposed to enforce legal compliance with equality law and protected characteristics and foster a safe working environment for all. So if EDI isn't doing that, what is it doing?

Queenage · 24/07/2025 10:00

Got up early today, did 3 hours work (am freelance) and am ready for another astounding day in this ridiculous situation we find ourselves in. How the hell did we get here, I just cannot wrap my head around it at all. Anyway haud on tae yer breeks lassies 🤣

Appalonia · 24/07/2025 10:00

Conxis · 24/07/2025 07:42

This could have been a David and Goliath struggle. A nurse of modest funds taking on a huge health board with unlimited public money to piss away legal budget defending an ideology coming straight from the corridors of power.
What I find so scary here is what would have happened if she hadn’t found a backer who can provide the best money can buy?
Imagine she’d had to fund raise and watch every penny? Or her union had provided some support but funding was tight?
The stress on top of everything else would be unimaginable.

Here we have NC, CE, MG and I have no doubt an army of people and advisors supporting them behind the scenes, stonographers, paid for transcripts. Sandies backer is giving her the best chance imaginable and cost doesn’t even come into it so this is a Goliath v Goliath.
But I truly fear for what happens to someone else in this situation or if Sandie had not found her backer

I know an experienced social worker who lost her job because she'd pointed out the fact that Dylan Mulvaney wasn't in fact, a woman, but a gay man. She was unable to get legal representation and last I heard was working in a supermarket, just to make ends meet. Absolutely disgraceful, and I wonder how many of these cases are that never get to see the light of day? So many lives ruined and so many women silenced due to this insane ideology.

CatOnAHotRadiator · 24/07/2025 10:01

Firealarms · 24/07/2025 09:58

Frankly ETs have such strict deadlines that DU might be out of time to bring a ET claim. Especially as the NHS treated him well, so whatever discriminatory act he might want to claim could be well defended and therefore he might not easily be able to complain about a continued course of mistreatment (which would allow him to complain about events older than 3 months).

Now you’re letting reality get in the way of the law. If NHS Fife have taught us anything it’s that reality is unnecessary 🤣

BezMills · 24/07/2025 10:01

Fife Leader staunin by!

ChimpanzeeThatMonkeyNews · 24/07/2025 10:02

SwivelEyedAndProud · 24/07/2025 07:00

Quite. Particularly as yesterday she made a point if how she really wouldn't have been able to tell what sex he was. Why did she assume, since she can't tell, how everyone else identified and what CR they referred? It's all such unbelievable bollox.

So why did she ask him (when he joined the team) which toilets he wanted to use??

The stupid lies do my head in. They wouldn’t fool a 10 year old, for crying out loud.

MarieDeGournay · 24/07/2025 10:02

reminder of TT on Nitter
Tribunal Tweets (@tribunaltweets) | nitter.poast.org

There are 260+ posts on this thread ALREADY!
Nauticant - I bet you didn't think you were signing up for this long stint! You are wonderful, thank you so muchSmile

ickky · 24/07/2025 10:03

ThatCyanCat · 24/07/2025 10:00

It's proof that whatever EDI is, it's outside the remit of HR.

HR is supposed to enforce legal compliance with equality law and protected characteristics and foster a safe working environment for all. So if EDI isn't doing that, what is it doing?

I'm not sure but I think it involves crayons and rainbows.

InvisibleDragon · 24/07/2025 10:03

Something I noticed from KS yesterday was that (at least from TT) she had never questioned at all what DU told her. Not just the facts of the case, but the motivation behind SP's behavior:

  • SP waited until the CR was empty so there were no witnesses
  • SP compared DU to Isla Bryson / a convicted rapist
  • SP was blocking DU from leaving

These were presented as facts by DU to KS and accepted and repeated as fact by KS - not just internally to colleagues (which was wholly inappropriate anyway) but also to the Tribunal. To the extent that "SP mentioned Isla Bryson" nearly became an accepted fact in the case.

I'm interested by how unreflective KS seems to be. And how this seems to be a hallmark of the TRA movement - that the opinions and (in some cases lies) of people "on your side" is accepted reflexively as truth. And anything the "other side" says can't be trusted at all.

GreenFriedTomato · 24/07/2025 10:04

Witness is being sworn in and we're off

Boiledbeetle · 24/07/2025 10:05

Wow! On time! Nearly.

GreenFriedTomato · 24/07/2025 10:05

We've started at 10.04. I'm shocked !!!

ickky · 24/07/2025 10:05

Fuck me, It's 10.04 and it has started. 😀

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