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Feminism: Sex and gender discussions

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

1000 replies

nauticant · 11/12/2025 13:09

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

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dunBle · 12/12/2025 07:17

Cailin66 · 12/12/2025 07:07

Two questions.

  1. what is the slip rule ? (UK legal rule about changing documents/judgments)
  2. big Sond on here refers to Judge Kemp, I don’t get it?

Not enough of a legal bod to help with one, but the answer to 2 is related to the poster who was doing the copy and paste of the Tribunal Tweets from the hearing, and used to add in interjections from an entity known as The Fifer. In the accent of the area, Sandy sounds more like Sondy apparently, and so The Fifer nicknamed the judge "Big Sond", and Sandie Peggie "Wee Sondie", and the former seems to have stuck.

SternlyMatthews · 12/12/2025 07:43

selffellatingouroborosofhate · 12/12/2025 03:57

To properly post archive.today and archive.org links, you have two options:

The pointy-clicky, "code scares me" option

  1. Click or tap the chain icon next to the bin at the bottom of the text box.
  2. Paste the link into the bottom field that says Link.
  3. Replace the second colon with %3a.
  4. Put some nice friendly text in the top Text field.
  5. Click or tap Save, then preview your post to check that the link works.

The geek option

Type this, but with two of the square brackets at each end, instead of the one shown: [https://web.archive.org/web/20251209022506/https%3a//www.judiciary.uk/wp-content/uploads/2025/12/Peggie-v-Fife-Health-Board-and-another.pdf my text here]

  1. Tap or click the link that is automatically created and then tap or click remove link.
  2. Preview to test the link.

It's the second colon that confuses the Mumsnet forum software.

This should be a working link to the original Peggie vs Fife HB & Anor judgement.

Edited

Thank you,
selffellatingouroborosofhate, I really appreciate that

wayback machine 9th Dec archive of Peggie-v-Fife-Health-Board-and-another.pdf

EMPLOYMENT TRIBUNALS (SCOTLAND)

https://web.archive.org/web/20251209022506/https%3A//www.judiciary.uk/wp-content/uploads/2025/12/Peggie-v-Fife-Health-Board-and-another.pdf

NotanotherWeek · 12/12/2025 07:47

KTheGrey · 11/12/2025 22:57

That interesting - it seems to an outsider that there is almost no control or accountability for judges. Can you explain any more about the spiriting away process? What is significant enough to set it off and how it happens?

Thw judge I knew went a bit bonkers and it started to become obvious. The process to remove him would have caused more publicity on top of what there had been, and the chief honcho said frankly to me that they would rather not use that route. It would have raised doubts about other decisions, and I note that The Times piece casts doubt on Kemp’s other cases. So my guy went silently, I think by a mixture of threats and blandishments, always preferred by the Establishment over a scandal.

Cailleach1 · 12/12/2025 07:56

Cailin66 · 12/12/2025 07:07

Two questions.

  1. what is the slip rule ? (UK legal rule about changing documents/judgments)
  2. big Sond on here refers to Judge Kemp, I don’t get it?

The Judge’s name is Alexander Kemp. Sandy (sounds like the ‘Xand’ part) is a short/pet name for an Alexander. Into Fife pronunciation, ‘Sand (y)’ becomes ‘Sond’. He is a bigwig, ergo ‘Big Sond’.

That is my reasoning, anyhoo.

Conxis · 12/12/2025 07:56

Sandie’s on the front page of many of the Scottish newspapers today

NotanotherWeek · 12/12/2025 07:59

Conxis · 12/12/2025 07:56

Sandie’s on the front page of many of the Scottish newspapers today

Edited

Have they found him? Are they doorstepping him? (asking out of concern)

Artificialhens · 12/12/2025 08:00

Appalonia · 12/12/2025 00:28

When I was studying Hamlet for A Level English at school, never in my wildest dreams did I ever think knowing the phrase ' hoisted by their own petard ' would come in so handy, but I seem to have found the need to use it an awful lot these past few years!😂

“For ’tis the sport to have the enginer
Hoist with his own petard.”

– William Shakespeare
Hamlet, Act 3, Scene 4.

This judge has hoist everyone with his irresistibly appealable petard of a judgment.

We’ll all enjoy the Tribunal Tweets and have a laugh at photos of Upton lurching around, but the proceedings will cost NHS/taxpayers/Claimant supporters a fortune. This next round is not even NHS Fife’s fault.

I doubt that Employment Tribunals were ever intended to be an embarrassing, bank breaking, advocate-led pantomime, taking years to complete.

GallantKumquat · 12/12/2025 08:04

Cailleach1 · 12/12/2025 07:56

The Judge’s name is Alexander Kemp. Sandy (sounds like the ‘Xand’ part) is a short/pet name for an Alexander. Into Fife pronunciation, ‘Sand (y)’ becomes ‘Sond’. He is a bigwig, ergo ‘Big Sond’.

That is my reasoning, anyhoo.

I was just about to say the same. From AI (😳)

Why “Sond” instead of “Sandy”:

  • Vowel shift: Scots accents can round or alter the “a” in “Sandy” toward an “o” sound, producing “Sondy.”
  • Consonant clipping: Everyday speech often drops the final vowel, turning “Sondy” into “Sond.”
  • Local habit: Scottish nicknames commonly morph names (e.g., “Eck” for Alexander, “Shug” for Hugh, “Tam” for Thomas). “Sond” fits this pattern as a local shorthand for Sandy.

Noting also the Scottish love of differentiating names by augmentation and diminution, e.g. Wee Sandie vs Big Sond -- applicable to: Sandie Peggie/Alexander Kemp.

Shortshriftandlethal · 12/12/2025 08:05

NotanotherWeek · 12/12/2025 07:59

Have they found him? Are they doorstepping him? (asking out of concern)

I think that refers to Sandie Peggie.

Shortshriftandlethal · 12/12/2025 08:09

EmmyFr · 12/12/2025 05:38

I'm still fuming that a tribunal declared Upton to be truthful and Sandie's honor remains soiled by the allegations of patient mistreatment. Is there any chance that this is overturned in appeal or will it be considered a "fact" That Upton was not lying on this?

Yes, he gets away scot free (😲).....regardless of the obvious manipulations, malice and failure to hand over all of his phone history etc

Ereshkigalangcleg · 12/12/2025 08:10

Shortshriftandlethal · 12/12/2025 08:09

Yes, he gets away scot free (😲).....regardless of the obvious manipulations, malice and failure to hand over all of his phone history etc

I know, it’s a travesty. Nasty fucker.

Szygy · 12/12/2025 08:14

@GallantKumquat in my befuddled morning state I just read your ‘local shorthand for Sandy’ as ‘local shortbread for Sandy’ 🥴

I'll get me coat…

NotanotherWeek · 12/12/2025 08:15

Shortshriftandlethal · 12/12/2025 08:05

I think that refers to Sandie Peggie.

Sorry, yes, I’m obsessively thinking of the Big Man’s predicament this morning so wasn’t being clear. A friend was in a science regulatory body and when a big story broke about something she’d approved, she was caught by the Press bringing in the milk in her PJs next morning. So I’ve been wondering when they’d track Sandy down for a comment

whatwouldafeministdo · 12/12/2025 08:31

GallantKumquat · 12/12/2025 04:32

One could broaden the observation that to an outsider there is almost no controls or accountability for anyone within the civil service, judicial service or what's more generally called the blob. No one wanted this. No one voted for it. At no point was it debated. At no point was it even legal. And yet here were are in a multi-year process, with untold millions spent trying to roll back something that should never have stood in the first place if people were doing their jobs. Think how different this could have been if one extremely rich and tenacious author hadn't decided to make this cause a major part of her legacy at unfathomable personal cost. And did so at point which, in retrospect, was very nearly the last possible moment at which this could be turned back.

When people want to vote for Reform or agree with Trump, this is the arrogance they see, it looks like a breakdown of democracy and the imposition of tyranny to them, and while we all know there are real differences between Britain and Nazi Germany or the USSR, the supporters do have a point, this is a type of tyranny, it's multi-axis, coordinated, lawless state repression and abrogation of individual rights.

Edited

Great post. I think this is what people don't understand about those voting Trump or Reform. If what you see is unaccountable tyranny from a sneering class intent on imposing Emperor's new clothes on an unconsenting public, with real harms to decent people like Peggie, anything looks better. Literally anything is worth a try.

ChazsBrilliantAttitude · 12/12/2025 08:32

Cailin66 · 12/12/2025 07:07

Two questions.

  1. what is the slip rule ? (UK legal rule about changing documents/judgments)
  2. big Sond on here refers to Judge Kemp, I don’t get it?

The slip rule allows a court to correct a minor error or omission in a judgment without referring to the parties. If a judgment said Christmas was on 52th Dec instead of 25th it could be corrected under the slip rule.

You are not supposed to use it for incorrectly cited case law so the correction of the Forstater judgment quotation was not appropriate.

This the slip rule for ET but it’s similar for all courts.

Sandie Peggie vs NHS Fife Health Board and Dr Beth Upton, following Employment Tribunal judgment - thread #58
whatwouldafeministdo · 12/12/2025 08:39

Presumably Sandie could take legal action against Dr U separately about the allegedly completely made up patient safety allegations? He tried to end her career after all.

NaomiCunninghamHasHadHerWeetabixAgain · 12/12/2025 08:51

I’m slightly curious how it’s all going for the ‘friend’ of Sandie who was happy to turn up in the last few days with some WhatsApp messages (that she was laughing at with her emojis) while revealing details of patient information on the same WhatsApp group. I’m hoping she’s being investigated by her employer or the NMC? Does that need a formal complaint to be made about her to NMC?

Also, the fragrant Beth and his insistence he would treat a patient who had specifically requested single sex care only? What’s happening from a regulatory perspective?

Not to mention the others at NHS Fife who have all conducted themselves in ways that could easily see themselves (if they didn’t work for such a disfunctional organisation) facing conduct investigations. In the case of Bumba, I’d argue capability investigation.

The Once for Scotland NHS policies around conduct highlight examples of misconduct and there’s arguably a number of participants in this case who should be facing an internal investigation. One of these relates to equality and diversity policies and failure to uphold and I can’t help but think that NONE of them allowed Sandie any sex based rights. I include within that Bumba whose job is to ensure those rights are protected. In and ideal world, almost all of them would be facing internal investigations over their part in this (Jamie Doyle and his suspension without investigation is another), the instances of bullying and harassment by the consultants, failure to uphold professional standards by the Doctor (his allegations of patient safety that he did hee haw about until it suited him to ‘mention’ them), the consultants who did nothing about the same patient safety allegations which would apparently leave patients at risk if this patient safety incident actually happened (even if it turns out there’s no record of it), etc, Only one witness from Fife seemed to understand that the consultants who did nothing about these allegations should be taken to task for this themselves. (Apologies, forget her name but she seemed the only vaguely credible witness they had).

I feel sorry for those in NHS Fife working hard, doing their job, and yet have a culture where they can ostracise wrong thinkers for having such outdated ideas like, you know, wanting a female only space to change in like the law entitles them to!

Artificialhens · 12/12/2025 08:52

whatwouldafeministdo · 12/12/2025 08:39

Presumably Sandie could take legal action against Dr U separately about the allegedly completely made up patient safety allegations? He tried to end her career after all.

A dirty male doctor who lied about a lady nurse’s work and presented false documents to try to get her sacked, because she wouldn’t take off her clothes for him.

Which of those two people gets credence from Judge Kemp? You’ll never guess.

ContentedAlpaca · 12/12/2025 08:53

In addition, all the witnesses who were either technically illiterate or selective in their searches of emails were more credible than Sandie?

DrBlackbird · 12/12/2025 08:57

ILoveLaLaLand · 11/12/2025 22:28

The thing that galls me the most is that so many women are cheerleaders for this men with a fetish movement and they gleefully throw other women, usually from further down the social hierarchy, under a bus to pander to men.

We need to stop teaching girls to "be kind" - it just means teaching them to switch off their brain and their natural instincts so they can become "good girls", behaving the way men want them to. It's a slave mentality.

Sadly I feel that I am one of those mother’s who has done this.

Am now trying to reset the kindness conversation but it is trying to undo years of unconscious social conditioning. There are tiny infinitesimal changes in the DCs thinking re trans so I’m cautiously hopeful but we all still need to learn to be less kind martyred.

Re the BBC: The factual reporting is welcomed. It is, however, astounding that the BBC leadership allowed the #bekind distortion to stretch to breaking point in the first place and leave the institution open to justified criticism.

SqueakyDinosaur · 12/12/2025 09:07

I am wondering if there were ever any consequences for the two nurses who spoke at lunch despite having been specifically warned that they must not?

WearyAuldWumman · 12/12/2025 09:17

GallantKumquat · 12/12/2025 08:04

I was just about to say the same. From AI (😳)

Why “Sond” instead of “Sandy”:

  • Vowel shift: Scots accents can round or alter the “a” in “Sandy” toward an “o” sound, producing “Sondy.”
  • Consonant clipping: Everyday speech often drops the final vowel, turning “Sondy” into “Sond.”
  • Local habit: Scottish nicknames commonly morph names (e.g., “Eck” for Alexander, “Shug” for Hugh, “Tam” for Thomas). “Sond” fits this pattern as a local shorthand for Sandy.

Noting also the Scottish love of differentiating names by augmentation and diminution, e.g. Wee Sandie vs Big Sond -- applicable to: Sandie Peggie/Alexander Kemp.

Edited

The one that I heard a lot as a child in Fife was 'Ondra' for Andrew. Round my way the Alexanders were all Alex or Sandy, though I now know a Xander. (Fife dialect and accent can vary dramatically - maybe not as much as it used to, prior to mass media and improved transport links.)

contemporaneousnote · 12/12/2025 09:21

After reading some comments on Reddit (they are hopeful that Naomi made the quoting error) I searched through the submissions for the quotes.

I couldn't find anything the same, so ( unless I missed one, which is eminently possible) it seems unlikely that it was a cut and paste of a mis-quote from submissions.

JR : Used 'hierarchy' three times (my bold) but not in the same quote -

48. To the extent that the FWS judgment means (contrary to what the Supreme Court justices
said at §248) that the judgment has created a hierarchy of rights within the EqA, it is
submitted that there are two key problems with this approach (identified by Robin Allen
KC in the DLA Briefings July 2025 article):
48.1. First, a practical problem: it is not practicable to give effect to this hierarchy;
48.2. Second, a principled problem: that hierarchy would not survive contact with the European Convention on Human Rights (in relation to which see the ECtHR
jurisprudence set out above).

Naomi didn't use hierarchy in her general or supplemental submissions and I was unable to find Ashers/ enshrined anywhere either.

Rightsraptor · 12/12/2025 09:22

Szygy · 12/12/2025 08:14

@GallantKumquat in my befuddled morning state I just read your ‘local shorthand for Sandy’ as ‘local shortbread for Sandy’ 🥴

I'll get me coat…

I feel a culinary creation coming on: Sandie's Shortbread.

It can be up there with Tunnock's.

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