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

To be fair to David Hay, I don't think there is an advocate in the world who could have spun the stack of shitty straw he was handed in that case into gold.

Re that case, does anyone know whether he was obligated to take the case or was it a choice?

I seem to recall David Hay being quite unimpressive and dull in Roz Adams's case.

I'm not observing online: can you tell me if witnesses are giving their professional address and do we know what happens if you don't have one? There's no way anyone should have to broadcast their home address on the Internet.

Sorry for cluttering up the thread with a place mark. Thank you to everyone for copying over from TT, and to those who can translate court proceedings into Robot words ❤

I never remember the men.

except Ben Cooper. He ruined it for all male legal bods who came after him.

They have the cab rank rule for advocates in Scotland. I don't know whether people ever try and get round it or not.

That's the cab rank rule isn't it - as a barrister, if you're asked to take a case and you have the availability and the expertise you have to say Yes. I've been wondering whether that's part of the reason why NC visibly campaigns as well as lawyering - not wanting to be engaged by the other side!

Times article about today
https://www.thetimes.com/article/f100a548-bd7f-4a81-a9c7-a4de1376f7d5?shareToken=3ec9a9d505192d60d29e2b23c3c3c652&ver=article

Thanks @fanOfBen

Thanks for the link to The Times article.

"Mackenzie said her line manager asked her to write a statement about her values."

It's positively Maoian, it's like being given lines in school.

Yes echoes of the infamous professor Umbridge

That's the sentence that stood out the most for me too, bloody hell, that is sinister.

Not surprised that nurses make a substabtial proportion of cases involving gender ideology. They really are at the coalface of this issue, aren't they? They can't hide behind verbal gymnastics and pretend kindness.

But this was pretty bad:
The colleagues reported her to agency and said don't send her again

I imagine that foreign nurses, whose immigration status might depend on their job, are in a very precarious position. Say the wrong pronoun, correctly sex the wrong person and puff your visa's gone.

Hello!

Ah thanks! I thought the name was familiar!

Is David Hay going to become the lawyer for the TRA side? He and NC facing off at every court in the land?

Also remember him that way, was observing the case.

This seems a bit like the Denise Fahmy v Arts Council debacle

Yes, it's on TT2.

A couple of observations on David Hay. This is the third 'GC' case he's done now. 2 on GI side, 1 on GC side. He acted for Toshack , the prison transport service trainee. I think that was unwinnable but he made a good fist of it.

I thought he was competent in ERCC - it was a dead dog of a case for the Rs - but no more than competent. And he would have had a couple zealots yammering in his ear - Sandy Brindle and Mridul Wadhwa. He was collegial with NC in that case as well. Obvious mutual respect.

I think he's doing good work for the Rs in this case. He doesn't have a case of 'bad facts' like in ERCC and is making a decent fist of it.

Thanks for the info; I thought I recognised his voice from the Toshack case.

Plausible deniability/insinuation. It would be clear she was being reprimanded and why, but nothing is spelled out…

I was pleased to see the FSU made an appearance. I think they are likely to improve their data collation as a result of this.

i have not got lots of money to splash around so after some thought decided to fund them as a member, even though i am unlikely to need them.

Also because of they have a broader remit of free speech which i believe is under attack.

So i think money well spent.

Nick Wallis's day 2 round up.

https://nickwallis.substack.com/p/peggie-v-rcn-day-2-trans-organisational?publication_id=3399933&post_id=217308068&isFreemail=true&r=4p2qy&triedRedirect=true

What is depressing is hearing just how many damn nurses have swallowed this craziness hook, line and sinker. Gasping at hearing that gender as a concept and grs being different and the importance of following the law. I despair I really do at the lack of critical thinking and comprehension skills.