Sandie Peggie vs NHS Fife Health Board and Dr Beth Upton, following Employment Tribunal judgment - thread #61

[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.

Following handing down of the judgment on 8 December 2025, on 11 December 2025, it was announced by Sandie Peggie and her legal team that they would be pursuing an appeal.

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 #60 can be found in this thread: mumsnet.com/talk/womens_rights/5379717-sandie-peggie-list-of-threads-covering-employment-tribunal-and-afterwards

Thread 60: mumsnet.com/talk/womens_rights/5461133-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-following-employment-tribunal-judgment-thread-60 16 December 2025 to 8 January 2026

Does it have to be another judge? I don’t think so, as I said above. Anya Palmer on TwiX has said she thinks it may be one of the other members of the panel as they could be described as judicial colleagues.

It won’t be a barrister or solicitor though as they won’t be working for the Employment Tribunals and so won’t be colleagues.

I'm halfway through reading Andrew Doyle's excellent book "The New Puritans" which explains exactly how this brainwashing has happened and is still happening. Highly recommended.

She is appealing.

https://sex-matters.org/posts/single-sex-services/a-disappointing-judgment-in-defiance-of-the-supreme-court/

Got it, thanks.

I guess the term judicial in this context is quite specific.

“Workers are unlikely to know the biological sex of another worker but they may infer their gender identity from how they present.”

Ever had difficulty in determining the sex of your co-workers?
Nope, me neither.

Thanks for that - I had already seen it, but all it says is that she is planning to appeal. Having not heard anything, and the deadline to appeal has passed (I think), I wondered what was happening.

Obviously not.

I also wouldn't infer an identity from somebody's work clothes.

I'm still confused by the idea that you can make an assumption about the identity of a person wearing scrubs.

um so how did the lecturer at the engineering course I was on know I was female despite wearing exactly the same boiler suit, steel toe cap shoes, short hair, no makeup and hard hat as the males on the course when he told me I should not be there because I’m female? 🤔

I have just re-read the ‘Sex Matters’ response to the Kelly v Leonardo case outcomes; in the judgement it appears that the Judge refers twice to the/an employer as a ‘he’ in point 56. Isn’t this indicative of bias on the part of the Judge/judgment ?

There seems to be an assumption that the term judicial colleague is not being used to mislead. There's nothing I've seen about this case that tells me that Kemp and his superiors would automatically be 100% honest.

In any event, he was very big and he ran away very fast

@WeMeetInFairIthilien - yes Maria Kelly is appealing.

“Workers are unlikely to know the biological sex of another worker but they may infer their gender identity from how they present.”

It makes sense the other way round:
“Workers are unlikely to know the gender identity of another worker but they may infer their biological sex from how they present.”

Particularly since there are how many gender identities?

Precisely. How could you know if someone is asexual, 2spirit or a demi-boy just by looking at them?

Blue hair?

Nose ring.

The ones I've encountered usually have a placard announcing their specialness, wear a certain rainbow badge, and scream at me for breathing in a seemingly bigoted way,
Oh... and sometimes have a bag of crickets handy

To borrow the excellent, if cruel, joke about vegans: don't worry. They'll fucking tell you.

So now pseudo menopausal symptoms count too? Or, I suspect, count more than the genuine article. Grrr...

I wonder if Specsavers would like to make an advert about this? Can't tell if you're talking to a bloke or a woman? Should'a gone to Specsavers.

I must have really confused my colleagues when I was in the office last. I went in wearing makeup, along with trousers and a men's shirt...

I will have to apologise this week for the trouble I have caused them all. How unkind I was.

Funny how women are consistently paid less given no one knows what sex they are.

This should probably be a thread on it's own in Scotsnet and I might make one later when I'm back home:
https://www.thetimes.com/article/e6eb6a2b-11d4-45f0-8254-a4ff9d7ef478?shareToken=4b6ad28cd286d18e8e5be5f04d40e91a

Nothing seems to touch them. The SNP lost a lot of members, and a lot of support, around the time of Bryson-gate, but they are still way out ahead of the other parties. How can we get them out?

Absolute tragedy. And shocking failures.