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

From TT

or take an early break.

NC - my pref for an early break. Can I clarify the timing of your decision on the application? End of today?

J - no, it needs thought, I need to give consideration to the law and it is a decision of the Tribunal, not my sole decision, when I will be

From TT

able to do it, I don't know.

NC - will come back to this briefly after lunch.

J - yes Court rises for lunch break.

I'm blaming this on you lot!

Well you say that, but the TRAs don't think normal rules apply to them 😂

Yikes. So at the end of today, SP isn't going to know whether she may be recalled to give further evidence, or whether this is the end? That's truly inhumane. I hope it's reflected in the size of an award she is eventually given, but there's no amount of money that could compensate for this kind of stress.

(No particularly interesting responses to the Foran tweet that I can see.)

I reckon the J is trying to look at how he can not allow it without giving them reason to appeal

TT's 3rd Morning tweets

https://threadreaderapp.com/thread/1962835645111337452.html

Who knows what NHS Fife will do next? They could claim that Dr Upton has been abducted by aliens and replaced by Elvis Presley so the fragrant kind one is not available for questioning. It makes as much sense as a lot of what they've done.

Just saw JR's off-white suit for first time (beautiful cut and lovely neckline on her), and it really is a 'pure as the driven snow' look she is going for, isn't it? What pure shite she is bringing to us today.

I'm so sorry for Sandie that we will finish today not even knowing if the witnesses will have to be recalled. I hope that Fife's punishment is 100-fold in the way it plays out for the careers of all those involved.

I'm not on twitter / X either, but you can read them here

Michael Foran (@michaelpforan) | nitter.poast.org

I think the judge is going to give it ' proper consideration' to avoid an appeal by JR. But won't allow it.

thank you @CohensDiamondTeeth!

They will have had plenty of time to get their stories straight.

So....

They are going to end this season of Sandie v NHS Fife and Dr U on a humongous cliff hanger.

This is truly made for serialisation on Netflix.

All that has left me feeling unsettled and a bit upset even as a distant onlooker. Just imagine what it must be like for Sandie and her family.

from herald
12:19pm
EJ Kemp says he is unable to make a decision. He says it will take some time.
Asked by Ms Cunningham if he will rule on the amendment application at the end of today, he says no.
"It needs quite a bit of research, even the cases I've been referred to by each of you that will take some time to look at and think about and then to read.
"I'm then going on holiday, and then it's a matter that I'll need to confer with my colleagues because the decision is for the tribunal not for me."

Don't Sadie's team "want" some grounds for an appeal? I thought they were keen for any decision to be legally binding on other tribunals (like Forstater now is).

To be fair, he's earned a holiday.

Is there any chance Upton and or Fife will say they want this latest bit withdrawn rather than come back next year?

Can I be the first to congratulate you nauticant on your upcoming hundredth thread?

That will be enough threads twined together to constitute a rope.

Just want to add, that I only discovered Roman this year, and I really like them.

What if NHSF and DrU fired JR&Co and represented themselves... dressed as squirrels..but in fact one of them secretly being JR KC also dressed as a squirrel, appealing on the basis that JR KC had made such a hames of the first tribunal that they deserve to have another go, this time represented by squirrels...

Sorry, somebody must have slipped something in my tea this morning😁

Hopefully, they were already psychologically preparing Sandie and family for an appeal anyway so this will just be yet another fuck you moment from NHS Fife to add to the pile.

It's not right though, it's coming bloody close to torture

Actually having just looked up the definition

the action or practice of inflicting severe pain or suffering on someone as a punishment or in order to force them to do or say something:

Never mind close to, it is actual torture.

I think that's why NC hasn't outrightly objected but stated it would need the tribunals approval.

The panel and the judge have now got to deliberate carefully before making a judgement for or against the amendment, because they need to make sure that it's procedurally sound and doesn't pose irregularities, however as we know, it is irregular anyway to request these changes at this hour as the original case was built on the original plea. It is shaky grounds for the judge. He has to remain impartial throughout the hearing until the judgement. Not something he can do with this decision.

Althought everyone including NC would like this wrapping up quick sharpish, the process for appeals is built into the infrastructure of court cases, so she knows it is a possibility, but she needs to word it carefully to the judge so that her case is also procedurally sound.

Poor Sandie. Stressing that it's a decision for the whole panel indicates they might have defer to 14th October to use the time they'd set aside for deliberations.

I wonder if they could roll up the amendment application into the whole thing and do it all in one hit.