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

So, if the amendments are allowed will it then be necessary to immediately adjourn the hearing for recommencement in a month or two? It would seem pointless to continue if the evidence portion is going to be re-opened.

I know JR can advise her clients that XYZ is a foolhardy proposal/argument but does she have to do what they tell her to?

The only missing piece of the FWS jigsaw Fife could be waiting for is the revised EHRC guidance.

Ooh lovely! Happy anniversary! 🍾

Taking this opportunity to say thanks to yourself, and @CriticalCondition for the copying and pasting again today, instead of a post later like I usually do.

Thanks @nauticant, @Justabaker and the TT team too!

But isn't there "further guidance" expected, to stop willful misinterpretation of what they ruled?

The prison thing always gets me.

Why can seasoned professionals not see that men should not be in womens prisons in the same way that men should not be in womens changing rooms.

It isn't about being a rapist, it's about highlighting that SSS should be exactly that, single sex. Whether that's a hospital ward, crisis centre, changing room, prison.

The only thing in the media outlets that she could really recall to someone with such arrogance was that it's like that man in womens prisons.

And yes, men have the capacity to rape. They don't come with a big bloody sticker on their head that says rapist so you know who to avoid.

Not from the SC, no. From the EHRC, but that's really for the benefit of non-lawyers, and doesn't seem relevant here.

Oh, I’m just lying on my reclining sofa with my leg on three pillows. What else am I going to do to occupy my time? ❤️

Does JR really want to put her witnesses on the stand again? They weren't very helpful last time. Although good comedy value.

I wonder if there is an expert the J can consult in the breaks if he wants to talk it over with someone. He has to make decisions quickly, decisions which others will argue against in future. The lay people have him, who does he have?

If using a racist slur at work means you lose all Equality Act protections then it's open season on Anton du Beck in the Strictly studios.

For the benefit of those not on twitter, Foran wrote:

NHS Fife is seeking a last minute amendment to pleadings. Naomi Cunningham has said failure of Jane Russell to plead her case properly is not something which should detriment Sandie Peggie and can be dealt with between NHS Fife and counsel - I.e. a professional negligence lawsuit

Jane Russell is attempting to introduce new pleading - a “Bananarama” defence: it’s not what you said it’s the way that you said it - arguing that NHS Fifes conduct was justified because Sandie Peggie manifested her GC belief in an objectionable manner.

Yes but that's EHRC not the SC and won't change the ruling at all. 😊

Yes; she has to do what she’s told; but you don’t engage a KC and then micromanage the case yourself.

Think of all the additional threads!

Panel back

But hasn't she already argued that?

Aside from producing video footage of what happened in the changing room, what more is there to say about this?

J not in a position to make decision.

Judge will "have a think" about application.

On to questions after lunch.

Any chance you could post the replies to his tweet? I’m not on X any longer, and don’t really want to rejoin! If there are too many, don’t worry.

Shush Nauti might hear you.

We won't get an answer today.

From TT

J and Panel have returned. We are not in a position to reach a decision, I need time to read the cases referred to and other relevant case. We will need to think about it and come back to you. Subject to all that, we are going to continue with our questions. We can do that now

J Will think about it and come back to them.

Judge is going to continue with his qs

Won't be ruling on decision today.

From TT:

J and Panel have returned.
We are not in a position to reach a decision, I need time to read the cases referred to and other relevant case. We will need to think about it and come back to you.
Subject to all that, we are going to continue with our questions. We can do that now

Lunch back 1.15