NHS Fife tries to silence nurse - Sandie Peggie vs NHS Fife Health Board and Dr Beth Upton - thread #51

[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 resumed 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 #50 can be found in this thread: mumsnet.com/talk/womens_rights/5379717-sandie-peggie-list-of-threads-covering-employment-tribunal-and-afterwards

Thread 50: mumsnet.com/talk/womens_rights/5387893-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-50 7 August 2025 to 1 September 2025

I presume that's why they all seem resolute in not even batting an eyelid every time she does it.

Re the publishing of NC’s submissions, does anyone know where we will find these?

That elevates my endlessly irritating pedantry to something quite noble.

I've come out and gone back in again and am waiting to be let back into the tribunal

From TT

IB was consistent with leadership role [ref Hale judgement on school dress code] may upset those with religious belief but may also provide equality opportunity for girls. Public sector should make space for equality opportunities - that's the point of diversity.

JR Moving on to interactions SP/DU. No complaint about anything DU said or did - no conduct of sexual nature or conduct relevant to C's sex. C doesn't complain c conduct related to her sex but c DU gender reassignment. Not related in statutory sense. August incidents:

Only agreed fact is the DU in CR when C entered. Wasn't put to DU that DU was changing with C entered. Next incident - C says was in bra and trousers. that wasn't put to DU. First 2 incidents - C admitted they didn't constitute hostile environment

Have you tried giving it a shake?

From TT

Xmas Eve - C characterisation of agreed facts is not correct. I have set out what they were. DU said she got changed before went to toilet and has maintained this. She also said she took her clothes from locker not rucksack as C suggests.

C suggestion that DU changed in front of her is implausible. DU talks c shyness. Investigator, AG, found it unlikely someone would make themselves more vulnerable. C says DU account is wrong: cos DU did Merry Xmas tour which meant arrived later. Incorrect. DU told in evidence that had arrived with others

From TT

C said would have been rude if ignored DU and not the others. True, but C ignoring Du consistent with way she treated DU. C said DU didn't leave CR cos not changed. No - reason she didn't leave is cos didn't want to be accused of not listening.

Didn't the orher woman say Dr U was in a bra and scrub bottoms?

From TT

C purpose in initiating exchange. Why choose, when two of them alone. What benign outcome C hope to achieve confronting this young dr at start of her career in CR at midnight. Why did C choose to do this? Why depart from previous practice of leaving CR when DU there

JR Moving on to interactions SP/DU. No complaint about anything DU said or did - no conduct of sexual nature or conduct relevant to C's sex. C doesn't complain c conduct related to her sex but c DU gender reassignment. Not related in statutory sense.

Surely 'C' [SP] complained about DrU's 'conduct related to her sex' when she objected to a man being in a female SSS?
JR is making 'conduct of a sexual nature' about some kind of sexual assault, not the fact of being the wrong sex in a SSS.

Saying DrU didn't sexually assault SP implies that somebody suggested that he did.

'My client at no stage hit the complainant over the head with a tea-tray', when nobody ever said he did, and that's not what the case is bout!
Cheap point.

Turned the sound down and am watching YouTube vids. Can’t stand JR.

"objectionable or inappropriate manifestation" tshirts needed! 😁

I've got a headache.

Yes, ugh the bra incident shudder

She was very careful to stress that Theodore never took his scrub bottoms off too remember?

But that's got to be a lie, he has to change out of his scrubs so the bottoms have to come off at some point don't they?

Urgh. 'Young doctor, at the start of her career, alone in the CR...' Does JR really take the tribunal for fools? They witnessed DU's tending to smug performance for themselves.

"Is it in the list of issues?" should become the new "Is it on the trolley?" for the post Wood and Walters generations.

Forshatter again

Yes, presumably.

I get why they tried it initially, notwithstanding my earlier point about it being stupid to do so in any way that might be remotely construed as anti-Semitic. It might have worked. But it clearly is a tactic that has failed, and now just makes JR sound childish.

If he always wears skirts, he could put his skirt on and then take the scrubs off under them.

That was a crystal clear 'Forshatter'.

You'll have to fight the zebra for it.

Place marking

It was only in emphasising what was important to her (that he kept his undies on) that the tribunal heard about the regular bra sightings, I think?

... scrubs so the bottoms have to come off at some point ...

Trans-clothing? He doesn't need to take the scrubs off they simply identify as a swishy skirt - GTH