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

Quite a lot of resident (old junior) doctors are moving to Australia. There's a shortage of training posts in the UK, and Australia is better paid.

Recalling that Dr. Upton said they are a biological woman, they'd treat any woman who asked for a female doctor and made up/exaggerated incidents again Sandie good riddance.

To be clear, I was sympathetic before I got into the case details and watched Dr. Upton live. I thought oh it's just someone who was using the changing room they thought they could...nope.

Quite a lot of criminally incompetent doctors manage to skip the country and work elsewhere - Sam Eljamel, whose operation records were unlawfully destroyed by NHS Tayside, is now believed to be working in Libya.

And given the GMC has just refused to strike off a doctor for a ‘one off’ rape, I have little expectation of them not backing Upton.

True enough but Grady wouldn't feel at home in a Union created to advance the interests of women.

It seems to be relatively common for doctors to spend a year or so in Australia or elsewhere abroad before or soon after gaining consultant status. I doubt that everything will be plain sailing for Upton though. He'll have taken the cumulative stress and poor reputation with him, and if he does run into conflict again, there's no getting away from his past.

In a way I'm very glad to think of all the senior NHS staff having to live through the appeal process knowing that the arsehole they enabled hasn't hung around to face the music himself.

It wouldn’t totally surprise me if he took the opportunity to rethink himself and pop up in Australia as Theodore Upton. Something that would be very difficult to do here in the hole he has dug himself into.

Probably not though.

Apols if already posted but I haven't seen it here yet: NHS Fife has confirmed Upton left at end of 2025.

The notice period must have begun before the tribunal decision was published. It's quite pleasing to think that both he and the Chief exec jumped before they anticipated being pushed - almost as though they acknowledged that there was no return for them - even though the panel were to try their best to help them bullshit their way out of some of the mess via the extraordinary decision.

I do wonder if NHSF investigated the two claims of professional misconduct against Sandie and found creative reporting by DrU.

It would be confidential under GDPR as would a settlement agreement.

I also noticed, when looking at Upton's GMC registration that he would have soon been subject to his first 5-yearly revalidation to remain on the register. It could be difficult for him to return to the UK as a doctor in future years if he doesn't have an employer and can't find an appraiser, or put together a portfolio based on experience and positive appraisal from work in the UK.

My goodness I really hope for the very worst career outcomes for him. Sad times :/

Interesting point @FWSsupporter & the NHS does love an NDA.

All that attention and validation? No chance.

Upton struck me as a screamingly obvious narc when watching the tribunal. The duper's delight smirk and the toe curlingly smug, grotty, taunting statements.

That's not going to change.

I really feel for his wife. She's known him since school, she probably has no clue that relationships can be any other way.

Wishful thinking, I’m afraid. The GMC are happy to hide a doctor’s sex, not strike off doctor’s for rape, and support the replacement of doctors with physician assistants who have done a one year masters degree instead of 5/6 years of medical school, two foundation years and specialist training.

The RCP's involvement in the whole stinking PA business ought to have been front page news, as should the GMC's connivance.
Notable that of your list, that's the only thing that gets the BMA exercised.

Edited for typo

Dr looks more and more like somebody with a self destructive mechanism that pulls in everyone about them. I think there must be a term for it as a behaviour but “responsible” and “suitable for a medical career” don’t feature.

I honestly don't understand how any man is permitted to work as a medical doctor/surgeon/nurse/policeman/teacher/etc dealing with the public on behalf of the state when they they are clearly either mentally ill or fetishists.
Either should exclude them from working in these capacities.

I still can't get over a well-known trans teacher being allowed to teach children while cross-dressing.

It's a form of child abuse.

The FTP outcomes don't always serve justice, and do favour white middle class men, but the revalidation process is what it is and all doctors have to go through the same process that requires an appraiser or responsible officer.

The increase in recruitment of PAs only makes Upton's position more difficult if he hopes to return to the UK as a registrant doctor, because he is such a weak competitor in a fierce job market. His only post-qualification employment has been with Fife, and he hasn't completed a single rotation without strife, or even begun any higher training.

He presumably would get the GMC certificate of good standing to work abroad at this stage because the first tier tribunal exonerated him and there would likely be no open FtP procedures at this stage. But if he wants to return, he will have to navigate the same issues that led to Helen Webberley's removal from the register.

Just think what his reflection on major events he faced might read like, if it's the same as nurses. And also think that anyone reading it will be able to check it against events. Such very, very sad times if he comes back to the UK to practice. To our Australian friends, all I can say is I'm so sorry. I know you sent us Rolf Harris, but you still didn't deserve this.

In terms of the appeal, does this mean that there will be no more public monies spent on lawyers if the doctor is no longer an employee of NHS Fife?

Oh that’s interesting question! I don’t think we know the exactly details of what Sandie is appealing but, if it includes the harassment by DU, it’s hard to see how Fife can justify taxpayer funding for someone who is no longer an employee

If one employee was found to have harassed another employee then isn’t the employer vicariously liable for their actions? I guess that is why they paid in the first place.

It was one thought I’d had that if there was that divergence of outcomes in the original judgement (😂 I say judgement, but mean dogs dinner) that I do wonder what this means for the next stages, especially for the doctor and any legal costs that could be required? It did seem there was a bit of a split and if there’s a suggestion of a break between the two respondents, surely NHS Central Legal Office won’t be dealing with organising anything relating to a non-employee? And we don’t be paying for it via our taxes? 🤞

Possibly, but I think that is relatively recent ... will check dates

October 2024 statutory proactive duty came in, and Worker Protection Act.

Still in NHS' interests to insist no harassment took place, though.

Sorry, garbled. EA 2010 meant employer had responsibilities re harassment, since 2024 they have responsibilities to prevent it.

(Because employers are clearly clairvoyant as well as omnipotent, but thats another argument.)

The only way there would be no more public money spent on lawyers would be if NHS Fife don't defend the appeal. They don't have to pay for Upton's defence, although they may still feel they have to do so, but they clearly have to pay for their own defence since Sandie's appeal aims to overturn all the findings in their favour.

Apologies, I meant public monies being spent on defending Upton given he’s no longer an employee and the divergence of outcome for the two respondents. Does that create a break point between the two parties and the legal representation and consequently how it’s funded? I’m not a lawyer but it was just a thought I had re the case and what comes next.