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Feminism: Sex and gender discussions

NHS Fife tries to silence nurse - Sandie Peggie vs NHS Fife Health Board and Dr Beth Upton - thread #55

1000 replies

nauticant · 19/11/2025 22:05

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]

The hearing was 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: 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
Thread 52: mumsnet.com/talk/womens_rights/5403218-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-52 2 September 2025 to 4 September 2025
Thread 53: mumsnet.com/talk/womens_rights/5404208-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-53 3 September to 1 October 2025
Thread 54: mumsnet.com/talk/womens_rights/5418690-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-54 from 28 September 2025

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BezMills · 04/12/2025 08:34

Mon then big man, and mind thon Speccie Loddie is expecting tae be richt vindicatit.

Ah hope ye got the message that thon Dr had done some blatant malarkey wi the phone. If ye wantit tae yase the words "in collusion wi"or "facilitated by" when referring tae the Fife "IT" "Expert" that wid be fine n a, ken?

It wid please this court if ye wid show that we didnae a come doon fae Kettle Produce on a lettuce bogey, ken?

Tiddler1976 · 04/12/2025 09:44

BezMills · 04/12/2025 08:34

Mon then big man, and mind thon Speccie Loddie is expecting tae be richt vindicatit.

Ah hope ye got the message that thon Dr had done some blatant malarkey wi the phone. If ye wantit tae yase the words "in collusion wi"or "facilitated by" when referring tae the Fife "IT" "Expert" that wid be fine n a, ken?

It wid please this court if ye wid show that we didnae a come doon fae Kettle Produce on a lettuce bogey, ken?

😂 If the judgement is issued in a Fife accent, so much the better!

For the sake of the health of my refresh button on the tribunals website, it would help if the decision was published sooner rather than later!

ProfessorBinturong · 04/12/2025 09:55

we didnae a come doon fae Kettle Produce on a lettuce bogey, ken?

Wonderful phrase. Round here that's 'down the Lagan in a bubble'.

socool · 04/12/2025 09:56

5pm on a Friday is my bet.

At least that was the way things were done in my distant past re announcements of promotions in the Civil Service, if that's any comparison. 😊

Keep them sweating!

ProfessorRedshoeblueshoe · 04/12/2025 09:59

socool I have bet on the last 2 Fridays so I'm now saying nothing

socool · 04/12/2025 10:01

ProfessorRedshoeblueshoe · 04/12/2025 09:59

socool I have bet on the last 2 Fridays so I'm now saying nothing

😂

ArabellaSaurus · 04/12/2025 10:15

NebulousProfessorSupportPostcard · 03/12/2025 22:13

I don't think I have seen that page before. I posted the About us page link on the Kely thread 5 I think, and Judge sutherland is at the bottom of the page

Becky Gait worked for NHS Fife and Scotgov in the past.

'Prior to creating Fidra, Becky qualified as a GP and then worked in Public Health Medicine at NHS Lothian, NHS Fife and Scottish Government, where she developed a specialist interest in Environmental Public Health

AreYouSureAskedNaomi · 04/12/2025 10:17

Interesting...

ArabellaSaurus · 04/12/2025 10:59

FIDRA have reserves of several million. Seems a bit odd, for a tiny wee charity.

https://www.oscr.org.uk/about-charities/search-the-register/charity-details?number=SC043895

They've blanked out trustee names in the accounts, too. Also. Odd.

OSCR | Charity Details

https://www.oscr.org.uk/about-charities/search-the-register/charity-details?number=SC043895

WellOrganisedWoman · 04/12/2025 11:07

BezMills · 04/12/2025 08:34

Mon then big man, and mind thon Speccie Loddie is expecting tae be richt vindicatit.

Ah hope ye got the message that thon Dr had done some blatant malarkey wi the phone. If ye wantit tae yase the words "in collusion wi"or "facilitated by" when referring tae the Fife "IT" "Expert" that wid be fine n a, ken?

It wid please this court if ye wid show that we didnae a come doon fae Kettle Produce on a lettuce bogey, ken?

Ketul produce! There’s a Fife reference and a half.

Chersfrozenface · 04/12/2025 11:09

ArabellaSaurus · 04/12/2025 10:59

FIDRA have reserves of several million. Seems a bit odd, for a tiny wee charity.

https://www.oscr.org.uk/about-charities/search-the-register/charity-details?number=SC043895

They've blanked out trustee names in the accounts, too. Also. Odd.

There is this on the linked page.

"From 30 June 2025, OSCR will begin collecting charity trustee information through OSCR Online. Providing this information is a legal requirement for all charities. The names of trustees will be published on the Scottish Charity Register from early 2026 to promote transparency and strengthen public trust in the sector."

Worth watching, maybe.

borntobequiet · 04/12/2025 11:12

Why am I reminded of the various environmental concerns to do with the bogus professor in the Sara Morrison ET?

(My daughter worked briefly for a non-profit in the sector, lots of government funding. She was baffled because everyone there appeared very busy but hardly anything ever got done.)

ArabellaSaurus · 04/12/2025 11:15

I've read the accounts wrong. Deleted.

ArabellaSaurus · 04/12/2025 11:16

Just copy and pasting this from their financial report, so I don't bugger up the figures again! Sorry, accounting is very much not my skillset:

''At the close of the account the Charity had total assets of £9,895,543.56 (2023 £9,815,692.40) of which £6,505,993.22 (2023 £6,879,396.54) relates to net current assets. The Charity received income of £242,800.78 (2023 £188,894.60). Donations totalling £Nil (2023 £500.00) as recorded at Note 6, were made during the year. Expenditure on the Charity's projects amounted to £535,047.93 (2023 £539,311.52) as recorded at Note 4.''

BezMills · 04/12/2025 11:52

I spent the summer cutting lettuce at Kettle Produce before I left the Kingdom to go across the water to Uni. Finished the summer lean as a whip, best suntan I've ever had, and with a command of casual swearing far beyond my years.

I'm not saying I had a shot at the swearolympics, we'll never know, but I was trained by the best.

SidewaysOtter · 04/12/2025 11:52

ProfessorBinturong · 04/12/2025 09:55

we didnae a come doon fae Kettle Produce on a lettuce bogey, ken?

Wonderful phrase. Round here that's 'down the Lagan in a bubble'.

Soft Southerner here. Is this the equivalent of "I didn't come down in the last shower?"

BezMills · 04/12/2025 11:52

SidewaysOtter · 04/12/2025 11:52

Soft Southerner here. Is this the equivalent of "I didn't come down in the last shower?"

yes, you get the drift.

NebulousProfessorSupportPostcard · 04/12/2025 11:58

ArabellaSaurus · 04/12/2025 10:59

FIDRA have reserves of several million. Seems a bit odd, for a tiny wee charity.

https://www.oscr.org.uk/about-charities/search-the-register/charity-details?number=SC043895

They've blanked out trustee names in the accounts, too. Also. Odd.

The Trustee names will be on the 2025 submission and I think that's in line with changing requirements. The charity is sustained by an endowment. Set up by 4 friends I think. (I did a deep dive but put it on the Kelly thread and wonder if we shd discuss it there to keep separate? Not handslappingyou, just I have a tendency to post lots of detail when I get into a thing, and that would probably be v annoying on SP thread!)

ArabellaSaurus · 04/12/2025 12:14

Sure. The crossover between NHS Fife and the ET judge is mqybe worth noting tho.

Coffeeandcataddict · 04/12/2025 12:34

prh47bridge · 03/12/2025 20:48

No, an employment tribunal cannot override the Supreme Court.

The judge in this case stated, correctly, that FWS was about interpretation of the Equality Act and does not automatically apply to other legislation. She then decides that the Workplace Regulations only require an employer to control access to the women's toilets to the extent that is reasonably practicable and takes for granted that it is not "reasonably practicable" to set clear sex-based rules and expect employees to follow them. In essence, she says that sex-based rules are unworkable.

She is correct that she is not directly contradicting the SC judgement, but quite a lot of what she says clearly rejects the SC's reasoning. That is not acceptable.

As well as misinterpreting the SC, this judge appears to have misinterpreted Croft v Royal Mail. What she says about that judgement is, in my view, at odds with the actual decision of the EAT in that case. Croft specifically says, "ordinary good practice requires, as it seems to us, that an employer is to be expected to require those who are, or who are believed by him to be, at law males to use only the men’s facilities and those who are at law or who are believed by him to be females to use only the women’s". I do not see how the judge can read this as allowing an employer to permit men to use the women's facilities.

In my view, this judgement will not survive an appeal. The only question is whether an appeal will need to go all the way to the SC to get it overturned.

Thank you. I must admit that much of the tribunal results went over my head. That’s a really good explanation you gave. Thanks again. 😀

prh47bridge · 04/12/2025 12:44

ArabellaSaurus · 04/12/2025 10:59

FIDRA have reserves of several million. Seems a bit odd, for a tiny wee charity.

https://www.oscr.org.uk/about-charities/search-the-register/charity-details?number=SC043895

They've blanked out trustee names in the accounts, too. Also. Odd.

Redacting the names of trustees and the auditor/independent examiner is standard practice in Scotland. I think the information is actually redacted by the Scottish Charity Regulator rather than FIDRA.

I agree that the level of reserves seems very high.

spannasaurus · 04/12/2025 13:12

The reserves policy includes the statement (in bold ) below. I haven't checked the accounts from 2015 but I suspect this means they got a massive donation 10 years ago that they are slowly spending hence the high level of reserves.

In terms of incoming funds, the Trustees recognise that, following a large
donation to Fidra in 2015, any new donations are likely to be unpredictable,
both in terms of timing and amount. It is possible that several years may pass
with no new donations into Fidra.

ItsCoolForCats · 04/12/2025 13:42

Do tribunal results always get released at 10am? From what I can see from the decisions website, they are released at different times of the day.

ArabellaSaurus · 04/12/2025 14:06

prh47bridge · 04/12/2025 12:44

Redacting the names of trustees and the auditor/independent examiner is standard practice in Scotland. I think the information is actually redacted by the Scottish Charity Regulator rather than FIDRA.

I agree that the level of reserves seems very high.

I see. Thanks. Again, seems a bit odd, especially as they say they're going to publish the trustees on teh website starting from June 2025.

DrProfessorYaffle · 04/12/2025 14:24

ItsCoolForCats · 04/12/2025 13:42

Do tribunal results always get released at 10am? From what I can see from the decisions website, they are released at different times of the day.

I've been keeping a keen eye and there's a steady drip through the day/week and month

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