Sandie Peggie: Employment Tribunal, associated legal claims, and related matters - thread #63

[nauticant]

TLDR version: Sandie Peggie vs Royal College of Nursing is currently being heard. The hearing started on Wednesday 23 September 2026 and is scheduled to end on Thursday 1 October 2026.

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 were of sexual harassment, harassment related to a protected belief, indirect discrimination and victimisation. Dr Upton claimed 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 after a prolonged process judgment was handed down on 8 December 2025. That judgment is being appealed and an appeal hearing is expected to take place in 2027.

Additional legal claims have been raised. Sandie Peggie is taking action against the Royal College of Nursing, against three senior managers who were witnesses in the employment tribunal - Dr Kate Searle, Dr Maggie Currer and Esther Davidson, against Carol Potter, the chief executive of NHS Fife, for victimisation, against NHS Fife for discrimination, and against its director of people and culture David Miller for harassment. In addition, Sandie Peggie is being investigated by the Nursing and Midwifery Council over fitness to practice.

The past proceedings were live tweeted by www.x.com/tribunaltweets. Tribunal Tweets are likely to be providing coverage in current and future proceedings. There's additional information on Tribunal Tweets' substack: tribunaltweets.substack.com/.

Links to previous threads #1 to #60 can be found in this thread: www.mumsnet.com/talk/womens_rights/5379717-sandie-peggie-list-of-threads-covering-employment-tribunal-and-afterwards

Thread 60: www.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

Thread 61: www.mumsnet.com/talk/womens_rights/5472628-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-following-employment-tribunal-judgment-thread-61 8 January 2026 to 3 August 2026

Thread 62: www.mumsnet.com/talk/womens_rights/5562302-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-following-employment-tribunal-judgment-thread-62 3 August 2026 to 24 September 2026

yeah, it is.

But I do wish we could get to the next stage now. Framing understanding reality as a 'protected belief' at this point just feels like we're still being suckered into using GI type language in order stand up for ourselves.

Anyway, don't want to derail or be a downer!

So their ‘get out of jail free card’ is that it is standard to refuse support if a member has external LA although the only reason for that is because RCN did nothing other than tell her to treat her suspension like a paid holiday before trying to move her out of A&E.

NP tried to hold onto the logic of his decision, clearly believing it would win the day because ETs generally uphold employers if ‘process’ has been followed.

But a) he didn’t read any documents so was relying on testimony OTHER than SP or MG. B) he didn’t wait for the application to be submitted or consider any arguments as to why this might require a different approach because the member was being scapegoated by NHS Fife and RCN had left her to blow jn the wind.

I think NC demonstrated clearly that it was an avoidance tactic, so they could avoid getting involved because their management was so wholly captured.

I think the J might struggle to argue this adherence to ‘process’ in extraordinary circs is a rational, considered response rather than one made out of fear and one that, in effect, looks discriminatory - but what do I know.

Thanks for a brilliant thread everyone - I've been reading it at various points through the day but bloody annoyingly, work was busy today so I wasn't able to join in with the FFSs.

Various media outlets seem to be reporting it as a simple case of the RCN not being able to take on the case because SP had taken her own legal advice - which is frustrating because there's obviously far more to it than that. Anyone who hasn't been following this case is likely to think 'fair do's' if they read that.

Hope Norm has a thumping migraine after that grilling from NC.

The RCN seem more interested in sucking up to the Scottish government than supporting their members in a dispute with their employer. The unions have become defunct and not fit for purpose, they've turned themselves into social justice organisations, they're no longer serving their founding principals or representing the workers.

The one thing that sticks in my mind was the MP witness Hanvey?

He said on the stand that not uncommon to have corridor discussions.

He is dead right in MHO and experience where the rep was ground floor and in the workplace.

I can recount many occasions, one being, observing overt racism from a manager, to a new guy on her team.

I just went in to the senior manager and said of what my concerns were “off the record”

I got a bunch of well i don't think this person meant anything bla bla bla.

i just put it this way if I need to see you again about this it will be official.

the manager in question was moved to a clerical role two days later.

being a union rep should mean you are not for sale.

Here is a link to the Carr Report if you can brave it.

https://www.rcn.org.uk/-/media/Royal-College-Of-Nursing/Documents/About-Us/Independent-Review-of-the-Culture-of-the-Royal-College-of-Nursing.pdfwww.rcn.org.uk/-/media/Royal-College-Of-Nursing/Documents/About-Us/Independent-Review-of-the-Culture-of-the-Royal-College-of-Nursing.pdf

Wow what an afternoon! Just catching up as a minor family crisis has meant I have not been able to listen or follow much in the last day and a half. Big thanks to @fanOfBen @BettyBooper @SomewhatGlad for the C&P. I hope to be around to help with this next week.

Yes, thank you TT and all those who copy & paste, your efforts are much appreciated.

NP now running home to drain the alcohol cupboard dry and take an axe to the Singing Ringing Decision Tree (one for the more mature amongst us there 🙃)

Hope things settle down ASAP, FarriersGirl, sending

....... I'm sure I've got this wrong.

SP, having been told at the previous judgment that she should have loudly and clearly (and very very politely) stated that she had reasonable cause to invoke her right to single sex spaces and not get her kit off in front of the bloke trying to insist on it...

also should have declared loudly to all that it was a Firmly Held Belief.

Are we going to be issued with cards with all the things we have to state formally in order to not have to undress in front of an unbalanced man intent on making us do so? And where we make these statements? Does hanging out of the window and shouting it into the world count? Emergency megaphones to be installed in women's single sex spaces so you can hang out of the door and recite what's becoming a kind of speech declaration?

I actually didn't do any C&P today, so don't deserve thanks - they're all for @BettyBooper and @SomewhatGlad ! If anyone's up for thinking about next week, I should be available for Monday morning, but likely not afternoon; on Tuesday for early and late, but not 11-3ish; on Wednesday morning but likely not afternoon; and on Thursday provided they don't run late. However having recently retired and feeling allergic to commitment, let me say that's only an estimate, not a promise!

Alas I'm allergic to cut and pasting. It brings me out in hives, and plays havoc with my nerves!

Cards would actually be progress. At least then we'd be aware of the expectations and could work through the checklist.

Ah, @fanOfBen you have done sterling in keeping the c&p alive. Credit where due! 💪

Thanks @SomewhatGlad for picking up this afternoon, makes such a difference to read the tweets with the great commentary!

I can pick up next week, but not completely wanting to be tied to timings either. I'm sure between us all we can do it though.

Shall we leave it with you'll start Monday, but if for some reason you can't / don't want to, I'll pick up and we'll go from there?

Happy for anyone else to dive in though!

You mistake me, my dear. I have a high respect for your nerves. They are my old friends. I have heard you mention them with consideration these twenty years at least. 😆

Ooh, Mr Bennett!

Is it a derail to ask if anyone's going to see the new Sense and Sensibility movie? 😬

I love that book. It is so intensely thoughtful. I am a bit scared of watching the adaptation, in case it is crap generic bonnets.

The risk is real!

😁

I'll wait until it's on Netflix!

Today’s Dundee Courier -
https://www.thecourier.co.uk/fp/news/5587172/sandie-peggie-views-union-support-tribunal/

'crap generic bonnets' was funny enough, but under the username of
'MyThreeWords' it really tickled me😁

https://www.mumsnet.com/talk/films/5582330-sense-sensibility

https://www.mumsnet.com/talk/films/5581813-sense-and-sensibility

It's interesting how one thread is more positive and the other more negative.

/EndDerail.