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 would have thought that the learned justices of the Supreme Court would be hopping mad at the distortion of their judgment (aside from the interpretation of it) and are not going to be placated by an amendment that still has the misquote in. It's not just the annoying English, there are Scottish justicves, incl Lord Hodge (wonder if he remembers what he said) so I bet there are some interesting high-level discussions going on in Scottish circles right now.

I've got a meeting at 3pm! Argh on video as well so I can't keep an eye on this thread to get the live reactions to the press interview. It is happening at 3pm isn't it?

This must be so stressful for poor Sandie and her family.

I'm trying to keep up, but also having to do paid work (rude!). I work in Mergers, Acquisitions & Divestments and spend far too much time writing services schedules for contracts. Well, actually, writing them doesn't take too long, it's trying to find the material change in the different colours, strike-throughs, approvals etc.. in bloomin' Track Changes! Drives me mad in documents of ~50 pages. I imagine it's even worse for a tome of this size. Mind you, all of the edits I have to consider are made by humans; it might be easier if it's done in 1 go by AI.

Does anyone know if the rules which allow clerical / admin error correction also allow more significant bs removal? I would assume not, as it would make a mockery of the whole thing (!), but if I was Sandie's legal team, I'd let the judge's team continue to make an arse of themselves - easier to show points of legal failure to appeal on.

Thanks

The ref to para 213 in FWS is particularly interesting!

Big Sond has basically quoted half of a massive paragraph and left out the second half, completely changing the meaning....

I am wondering how the Forstater misquote was brought to SK's attention, and why the other 2 haven't yet been. Maybe MF just rang up and told someone?

Checking in for the next episode of What The Actual Fuck.

at present, no indication from my sources that we'll be able to watch...I hope that we can though.

One of the contributors on Reddit whom I greatly respect <waves, again> says they have identified four other "phantom quotes" alongside the one that has now been removed from the judgment. (While declining to list them, to avoid 'helping' team GC).

So there may be more out there (or perhaps that poster's analysis isn't correct - it's easily done.)

Maybe they're being saved for the press conference.

Probably a grandmother sucking eggs situation but there is software available which compares two versions of a document and produces a schedule of changes. In my days of corporate drudgery I used to find that very useful.

I guess this. Or the fact that this is the one that has been specifically reported by traditional media like BBC rather than just blogs and X.

yes, I nominate that for the title of the inevitable TV mini series.

Well I think Anya's point about para 213 could also be seen as a misquote. It completely cuts out the qualifier so says the opposite of what it means! 😬😆

I got panicky run out of time vibes rather than FU vibes.

Which is kinda further supported by the mess if it and its uncessary length. As someone pointed it out the FWS SC judgment was a mere 87 pages and wrestled eloquently with a lot more complex case studies and interventions.

Here's the correction notice:

https://assets.publishing.service.gov.uk/media/693ac29933c7ace9c4a42024/4104864.2024PeggieFifeFH11.12.25corrected.pdf

The corrected version makes no sense at all, and gives rise to another ground for appeal on the basis of whattheactualfuck makingnosenseatall.

So this seems to stretch clerical mistakes/errors/ommissions to the point of breaking. It quite clearly alters the argument it is being used to make and the new qualification is incoherent in consideration of the new quote.

I'm mentally casting Rowan Atkinson as the judge when this gets made into a French farce, with Upton chasing Sandie through a load of opening and closing changing room doors. Perhaps with a room full of monkeys banging out the judgement on a load of typewriters.

If only Big Sond had spent his time reading and digesting those 87 pages rather than seemingly cutting and pasting it at random... 😂

Sorry but what's happening at 3pm?

I'm wondering if Little Sond was floundering and getting himself into more and more of a muddle and in the end just gave up and handed it over as was, to let the big boys sort it out while he sought a quiet corner to rock in

<<remembers transposition error in Summer Fete accounts>>

I totally agree. The cleverer the judge, the clearer the decision. The really incomprehensible ones are usually written by the less bright judges.

Probably nothing.

Allegedly an SP press conference re an appeal.

I suspect it will be delayed due to this shitshow.

Oh my goodness! Excised!

The press have been invited to a press conference at 3. We shall see.

Yes, if you actually understand something you should be able to explain it clearly and succinctly. Superfluous waffle is unnecessary.