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

Leigh Day has instructed RMW and Oscar ‘dying swan’ Davies.

This will indeed be interesting.

Now, this, i don’t understand.

You want a barrister who’s well and truly on your side, a dyed in the wool TRA.
Yep, makes sense.

But, RMW’s track record in the courtroom, is a bit…umm…underwhelming?
Yeah. Let’s stick with underwhelming.

Perhaps RMW couldn’t bear to be out of the limelight? This case is so important and in full glare of publicity.

If I was an attention seeking grifter, I’d want to get in on a court performance too.

You’ve got a point there, my friend!

Well, if you want someone to argue that large blokes should be allowed into the female changing rooms, who could be better than RMW?

Do we know what the running order will be now? I would assume counsel for the intervenor gets their go at the end after NC and JR?

Wait - will this be a RMW NC showdown?

Why oh why am I working? All power to the ring.

An amusing turn of phrase in the Leigh Day statement "Trans human rights" - yes I get what they are trying to say but it sort of suggests that they are extra terrestrials who identify as humans........

Oh if that raises your eyebrows, don’t go looking up transhumanism. It’s a whole thing.

😳😳😳

Do we assume that the intervention by trans activists is because they dont think Russell is doing a good enough job? Or just that organisations were criticised for not intervening in FWS? Of course there were some interventions in FWS and one was said to be very helpful.

I think it's because now that "No Debate" has comprehensively failed, the GI side is having to scramble quickly and throw anything they can muster into the argument. And possibly the judiciary is inclined to let them do it, in order to test arguments and establish precedents.

This whole thing just keeps getting bigger and bigger. Who’s next on the roll call, Harrop and the flying lawyer? Belcher? Beth in Scotland? Grace Slavery? Rachel McKinnon? Wax my balls chap? Karen White? Lily Madigan? Barbie Kardashian?

Do the new intervenors have to give the Judge a quick outline of their argument? Or are we just going to get RMW and Co rehashing, "it's not fair, we are laydees because we say so." So that the judge will dismiss them in five minutes as having nothing to add to the case?

I have made space on my calendar next week, to keep an eye on it all.

I wonder if Big Sond is gritting his teeth and wishing he'd pulled a different ticket out of the Judges' Tribunal Tombola?

Do we know if oral submissions are being made on behalf of TransLucent? If so, I hope that is not at the expense of time available to NC. Much as I'd like to see RMW and/or the non binary Oscar Davies (thems of Garden Court Chambers) beclown themselves attempting to advance their crappy arguments in person, it doesn't seem fair if that impinges on the limited time the parties have for their final submissions. But I guess the judge will be reluctant to limit the intervenors to written submissions if they are very keen on appearing before him.

Tbh I assumed it's because they just couldn't bear for there to be So much coverage in the press and they weren't in the centre of it so here they are to share their special thinky thoughts

I do hope Oscar Davies wears his special trans tie.

I think it’s a way of seeing if they can get their argument that men / women and single sex doesn’t mean biological sex in the Workplace Regs to fly.

As I understand it these will be written submissions only, so no 'performance' by Robin and Oscar.

Sad times.

I know 🙁

I was looking forward to some synchronised body-popping on the courtroom floor from Robin and Oscar 😬

I don't believe they have been granted permission to intervene. Evidence is complete. Application had to be made before the tribunal began

Translucent. ??? REALLY given leave to appeal? Sandie Peggie
How so? Application to make a submission had to be complete before the tribunal began. Evidence has been completed. I see no independent confirmation of this new nonsense.

This is wrong. Anyone wishing to intervene can apply at any stage up to closing submissions. They should apply promptly, but the rules accept that an intervenor may only realise their interest in a case and the value they can offer late in the day. It would be surprising if Leigh Day, their solicitors, were lying about this and making false claims about a decision of the tribunal.

Edited to add following your later post - no, they have not been given leave to appeal. They have been given leave to intervene. That means they can make a submission on the law and any other relevant factors to help the tribunal.

In case you have missed the 'dying swan'

https://x.com/Sorelle_Arduino/status/1921107515560874446?t=X8MztqkhUIEgxjYWYQc5bg&s=19