NHS Fife tries to silence nurse - Sandie Peggie vs NHS Fife Health Board and Dr Beth Upton - thread #50

[nauticant]

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 was 29 July 2025. It will resume again over 1 to 2 September for closing submissions.

The hearing commenced with Sandie Peggie giving evidence. Dr Beth Upton gave evidence from Thursday 6 February to Wednesday 12 February 2025. Sandie Peggie returned to give more evidence on 29 July 2025.

Access to view the second part of 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 #40 can be found in this thread: mumsnet.com/talk/womens_rights/5379717-sandie-peggie-list-of-threads-covering-employment-tribunal-and-afterwards

Thread 41: mumsnet.com/talk/womens_rights/5379334-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-41 24 July 2025 to 25 July 2025
Thread 42: mumsnet.com/talk/womens_rights/5379820-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-42 25 July 2025 to 25 July 2025
Thread 43: mumsnet.com/talk/womens_rights/5379979-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-43 25 July 2025 to 27 July 2025
Thread 44: mumsnet.com/talk/womens_rights/5380196-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-44 25 July 2025 to 28 July 2025
Thread 45: mumsnet.com/talk/womens_rights/5381518-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-45 28 July 2025 to 28 July 2025
Thread 46: mumsnet.com/talk/womens_rights/5381640-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-46 28 July 2025 to 29 July 2025
Thread 47: mumsnet.com/talk/womens_rights/5382102-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-47 29 July 2025 to 29 July 2025
Thread 48: mumsnet.com/talk/womens_rights/5382317-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-48 29 July 2025 to 31 July 2025
Thread 49: mumsnet.com/talk/womens_rights/5383443-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-49 31 July 2025 to 8 August 2025

50 threads. Blimey.

Witnesses in the hearing with skeleton chronology:

Monday, 3 February 2025
Sandie Peggie

Tuesday, 4 February 2025
Sandie Peggie

Wedneday, 5 February 2025
Sandie Peggie
Maya Forstater
Darren Peggie (Sandie Peggie's husband)
Nicole Peggie (Sandie Peggie's daughter)

Thursday, 6 February 2025
a row about disclosure particularly over BMA documents
Sheila Bell (Sandie Peggie's mum)
Beth Upton

Friday, 7 February 2025
very late start, massive row over disclosure, agreed that Beth Upton would start giving evidence on Monday

Monday 10 February 2025
Beth Upton

Tuesday 11 February 2025
Beth Upton
collapse of public access

Wednesday 12 February 2025
Beth Upton

Thursday 13 February 2025
Esther Davidson

Friday 14 February 2025
Esther Davidson

a break of many months

Wednesday 16 July 2025
Isla Bumba

Thursday 17 July 2025
Gillian Malone

Friday 18 July 2025
Elspeth Pitt
Louise Curran
the omnishambles ending provided by the statement from NHS Fife

Monday 21 July 2025
a late start seemingly with the panel and lawyers in discussions about something
Lottie Myles

Tuesday 22 July 2025
another late start seemingly with the panel and lawyers in discussions about something
Kate Searle

Wednesday 23 July 2025
another late start seemingly with the panel and lawyers in discussions about something
Lauren Harris
Kate Searle

Thursday 24 July 2025
Angela Glancy
during AG's testimony there was a row over NC's entitlement to use correct-sex pronouns
Ann Hamilton

Friday 25 July 2025
Peter Donaldson
Jim Borwick
Maggie Currer

Monday 28 July 2025
a chaotic start with Claimant requesting new witnesses and provision of new documents
Fiona Wishart
Lindsey Nicoll

Tuesday 29 July 2025
Maggie Currer
Emma Moore
Sandie Peggie

This is a list of Abbreviations used by Tribunal Tweets and has been taken from their substack

Claimant, respondents, counsel, members of the court

C/SP - Claimant, Sandy Peggie
NC - Naomi Cunningham, C’s barrister
MG - Margaret Gribbons, C’s solicitor
R/Board - first respondent, Fife Health Board
R2/DU - second respondent, Dr B Upton
Rs – first and second respondents
JR - Jane Russell, KC, barrister for respondents
AW - Adam Watson, solicitor for respondents
J - Employment Judge Alexander Kemp
ET - Employment Tribunal
P1, P2 - additional panel members; CM Russell, L Brown

Witnesses/Frequently Referenced Personnel of NHS Fife

MF - Maya Forstater, CEO of Sex Matters
DP - Darren Peggie, Claimant's husband
NP - Nicole Peggie, Claimant's daughter
SB - Sheila Bell, Claimant's mother
ED - Esther Davidson, SP’s line manager
IB – Isla Bumba, NHS Fife Equality and Diversity Lead Officer
KS - Kate Searle, A&E consultant
SF - Stuart Fraser, SP’s RCN Rep
AG - Angela Glancy, headed up in SP investigation
VV – Vic Valentine, Equality Network
AH - Ann Hamilton, Human resources advisor
MSF - Michele Sinclair-Farrow, HR advisor
GM - Gillian Malone, Director of Nursing, NHS Fife
MJ - Melanie Jorgensen - HR advisor
JH - Jackie Herkes - HR advisor
MC - Dr Maggie Currer, Deputy clinical lead
RA/HCW - health care worker who witnessed "missing patient" incident.
PD - Peter Donaldson, Information Security Manager, IT expert
JB - Jim Borwick, IT forensics expert

Abbreviations for frequently used terms (not exhaustive)

AE - Accident & emergency department
B&H - bullying and harassment
CR - changing room
CX – complaint
DX - disciplinary procedure or process
FtP - fitness to practice
GC /SR: gender critical or sex realists. Belief that biological sex is important, immutable and different from gender identity
GI – Gender identity is a person's internal sense of their own gender, which may or may not align with their birth sex.
HI - hate incident
HR - Human Rights
IX - investigation
PCP - provision, criteria or practice is a rule, policy, or practice that can put people at a disadvantage based on certain characteristics. The term is used in employment law to assess whether an employer's actions create different outcomes for employees based on their characteristics.
SocMed - social media
SM - Sex Matters
TM – transman (person born female who claims a male gender identity)
TMAM - transmen are men
TW – Transwoman (person born male who claims a female gender identity)
TWAW - transwomen are women
CS - Caroline Somerville, UNISON officer
OfS - Once for Scotland
EA - Equality Act 2010
PC - protected characteristic; 9 under EA
RA - risk assessment

Thank you for your service.

Are we hear already?! I’d better catch up with the end of the last one, PDQ.

Just marking my place, to keep up.

Rushes in …

50th thread!

Utterly crazy that we even needed one, let alone fifty. If only the world was a sane place, where Men like Dr Upton could be told no and have that be the end of it.

<gets comfy>

Your half century, @nauticant of, as Galaxy Quest might say, ‘the historical documents’ 😮

You are a mighty chronicler of the long fight to freedom. Thank you for being on top of it for the past 6+ months, helping to tell and unravel the tale of Sandie Peggie.

That's half century, not out. Going for the big one now...

@nauticant those of us about to read salute you.

Would it be possible for people to turn their attention to this comment by@FayeRCfrom a previous thread:

I have a similar court case in England's side which aims to protect single-sex facilities for women. It is in need of support to cover legal fees and can be found by searching for Faye Russell-Caldicott on crowdjustice.com

@FayeRChas a thread here:

https://www.mumsnet.com/talk/womens_rights/5159395-employment-tribunal-case-to-protect-single-sex-facilities-at-work

And there's more information here: https://sex-matters.org/case-briefings/faye-russell-caldicott-v-nhs-england/

Thank you Nauticant and happy 50th 🎂

If anyone would like more Naomi, her client Melanie Newman is appealing the tribunal decision of June this year that was unfortunately unsuccessful. Ms Newman is a gender critical police officer and the Sex Matters case update is here: https://sex-matters.org/case-briefings/cause-of-action/direct-discrimination/.

Ms Newman says on her crowdfunder: 'My legal team believes there are numerous errors of law in this judgment. In particular, it interpreted a key recent legal case on freedom of speech - Higgs v Farmor's School - as meaning that Article 10 ECHR constrains an employer's ability to control workplace harassment. In addition, I feel the judgment did not sufficiently consider the impact of the event on my freedom of speech or that of other GC officers. My lawyers think I have a good prospect of success on appeal.'

< watches @nauticant wave bat in acknowledgement of applause, settles down under Panama hat >

NHS Fife are posting on Facebook about careers in the wake of exam results under the #nowrongpath hashtag. In normal years, this is a great initiative showing the different ways people found their careers. However, they are getting a bit of a pasting in the comments. All of their examples are middle aged women in middle / low ranking admin type roles. Theodore is mentioned in the comments but it very much looks like they need to try to look like they welcome women like SP, even as they make her life hell.

Happy golden threadiversary.

How are you all managing to chat so much when there is no actual tribunal?

You are all like ultra-long-distance runners, and I am crippled at the water station sucking sports-performance energy gels to stay upright.

Happy 50th nauticant and thank you.

May you get all you desire for your 50th 💐💐

Happy half century! 🥂

Re the comment earlier about what it must be like to work there right now.....I did see a comment from someone on Twitter saying that they'd spotted Dr Upton in the Hospital of late.....of course take that with a pinch of salt as someone else within the NHS was telling me the name has vanished from Outlook for email comms and yet was there before. Who knows? Do we think NHS Fife will have done anything about anything ever?

Shout out to sinnerboy for my new username

@DrPrunesqualer Here’s a link to the article by Dr P.
https://archive.md/yg8BY

That is a really interesting article. Thanks