Sandie Peggie vs NHS Fife Health Board and Dr Beth Upton, following Employment Tribunal judgment - thread #58

[nauticant]

Judgment was handed down on 8 December 2025:
https://assets.publishing.service.gov.uk/media/6936ce28a6fc97b81e57436a/S_Peggie_v_Fife_Health_Board__Dr_Upton.pdf

Sandie Peggie, a nurse at Victoria Hospital in Kirkcaldy (VH), 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 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.

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 2025 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 28 September 2025 to 21 November 2025
Thread 55: mumsnet.com/talk/womens_rights/5447019-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-55 19 November 2025 to 8 December 2025
Thread 56: mumsnet.com/talk/womens_rights/5456749-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-56 8 December 2025 to 9 December 2025
Thread 57: mumsnet.com/talk/womens_rights/5457132-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-57 9 December 2025 to 11 December 2025

I'm soon heading out so I've created this thread shortly before it's actually needed. But if posters would continue to post on thread #57 until that one's full, that would be great.

Many thanks Naut 💐

Here for beeks' views on beaks.

Anya Palmer seems to have taken over from Wings Over Scotland at the "What's wrong with this Judgment?" desk on X.

I wonder if 3pm will be the new 10am...

Quoting from the last thread:

@weegielass · Today 14:22

If Big Sond had given the judgement to Naomi 5 days in advance, like she asked, she would have been able to tell him, and avoid this public ridicule (at least until the appeal)

Is this what happened? I thought that counsel got judgements early as a matter of course.

Anyway, isn't it fabulous that he made one more fuck up 😄

Useful summary

https://wingsoverscotland.com/the-valley-of-the-dolls/

I did wonder whether not providing it beforehand was a "fuck you" to NC.

If we can't have gavels can we at least do a bit of desk slapping?

Bring on 3 pm.

So, that went well 😂

Well, that went well.

If she had had it in advance, I wonder of she would have told him or just let him hang himself.

It would be unkind to ask how that was working out…

https://www.thetimes.com/article/4f61f889-935b-40a3-920e-094123dca4bf?shareToken=304df688871be7eb8d7a3fc6e307a555

Knowing NC as we do, I like to think the latter. Although her professionalism might have caused the former.

However, Big Sond and his handlers knew better 😝

I reckon by the end of tomorrow Sandy Kemp will be retiring. Could the judgement all be declared null and void if they decide he has to retire as the judgment proved he's lost his marbles?

.

Hoist, meet petard!

This is just the start. There is a world of pain coming for Big Sond and Fife NHS, before we even get to the issue of an appeal...

Surely he's not that daft that he would even think to try that?! Even if Naomi wasn't available to respond suitably, I'm sure Charlotte Elves could give him 6 reasons why that won't work out for him! 😂

@sternlymatthews the 'no hierarchy' quote is apparently from Wilkins v Porton Down, but there is discussion from the Leopard in the basement saying its chunks rather than a complete quote

Wilkins v Porton Down is ET decision. It doesn't set a precedent, so shouldn't be cited in another ET decision.

EDIT: Apparently the quote has now just been removed entirely.

I wonder at what point the President of the Tribunal has to step in and say that public confidence in the administration of justice has been so badly damaged by the errors in this decision that the whole decision has to be vacated, and a new hearing ordered?

I also laughed at the screenshot on previous thread of Google AI cheerfully repeating the incorrect citation.

Perhaps now this board will learn the lesson and we will see fewer tedious "I asked ChatGPT for a legal analysis and it said this" posts!

He and Potter are the latest contestants on a brand new reality show, 'Convenient Retirement Island'.

Vote for your least convincing retirement excuse now, calls and texts will be charged at your regular rate plus £10 to the latest gardening fund. Terms and conditions apply.

And he'd believe the 6th and least plausible.

NC'd for this thread, just to be careful (although probably wont be able to change back until next thread!)

well known GC legal friends confirm this could indeed have been avoided with the heads up Naomi requested...