NHS Fife tries to silence nurse - Sandie Peggie vs NHS Fife Health Board and Dr Beth Upton - thread #52

[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 51: https://www.mumsnet.com/talk/womens_rights/5402652-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-51 1 September 2025 to 2 September 2025

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

NC currently having her say about JRs last minute change in submission.

NC now Talking about this now going into next year

NOOOOOOOOOOOOO.

We finish this NOW once and for all

From TT

Would need to adjourn and recall ED, DU etc for 2/2.5 days evidence plus days for C and other evidence. Would be at least 3-4 days further hearing. Then further written subs, then tribunal days for deliberations - I think you said you hadn't much time for rest of year.

If the judge allows the change, surely all the witnesses and C would have to be brought back as they weren't questioned on it?

🤯🤯

I think it is incompetence.

Naomi has just said that. Days and days.

from herald
11:54am
Ms Peggie’s legal team say NHS Fife is trying to smuggle in “very substantial” new allegations at the 11th hour.
The team say allowing such changes now would unfairly prejudice Peggie, who has defended herself on the case as it was originally pled. They add it is “extraordinarily unattractive” for the respondents to blame the claimant for not alerting them to their own oversight.

Anyone who has been following this will be aware of the incredible work Tribunal Tweets have been doing, especially after livestreaming was ended for most of the observers. Added to this, it seems they've managed the fight the corner for continuing public access very effectively.

For anyone looking to provide financial assistance to a group involved in this clash between women's rights and gender ideology, Tribunal Tweets would be a good cause. As far as I know the way to do that is to subscribe to their Substack, I don't think that one-off donations can be made. If I'm wrong on that, please correct me.

https://tribunaltweets.substack.com/

What a farce!

NC just checking notes to make sure she's not missed anything

Surely this is completely unacceptable at this late stage?!?!

From TT

So may well be into next year before C still employed by R. Is on sick leave atm. Impact on her having to give more evidence and have it all put off to next year can be expected to be severe. And all that is on R's either incompetence or deliberate choice to plead case properly

NC has found something she missed

Surely any discussion re misgendering should factor in that individuals in the court room misgendered the doctor on several occasions. I mean, IANAL, but the fact that Fife’s own witnesses misgendered the doctor surely demonstrates the challenges here!

This is wild isn't it? Doesn't suggest a competent legal team to be doing this at the last moment.

Thanks Chariothorses, these Herald summaries are useful alongside TT.

Totally

From TT

and in the usual manner. Bearing in mind that the list of issues was agreed as part of tribunal order, (discussed in Mervin) - is application an application to revoke a tribunal order. If so, R has to apply to do this - no attempt made to persuade you of this.

This is absolutely atrocious behaviour by JR.

Utterly unfair to make this an even longer ordeal for Sandie.

JR certainly seems heavily out of her depth. Not my usual experience of KCs!

NC is just brilliant. The extraordinarily calm grown-up in court, restoring order after children's tv presenter JR has read her fairytale to the tribunal in soft dulcet tones.

TY so much @nauticant please could you do a reminder when today is over of which cause/case we can donate to if we want to pay forward something in recognition of all your work. If you are around at the end of the day to post a link, that will prob get most attention? I will gladly do it for you if needed, but it may have more impact from you as you are so well known and loved for running the threads xxxx