Sandie Peggie: Employment Tribunal, associated legal claims, and related matters - thread #64

[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: www.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 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

Thread 63: www.mumsnet.com/talk/womens_rights/5581909-sandie-peggie-employment-tribunal-associated-legal-claims-and-related-matters-thread-63 24 September 2026 to 27 September 2026

She takes NO shit!

Would it help to imagine the comparator as another man needing catheterization.

Would the hospital and RCN's response have been the same?

Oh dear, with her cold NC is off her game. Still doing fine but struggling.

From TT:

NC Did she do anything after that
BH No
NC Did the others get union rep from their unions?
No
NC Why not?
BH We discovered Unison was supporting Rose and we were described on SM as transphobic bigots

NC How did DN union come to exist
BH we were abandoned. Told we'd be supported w any issues we came across. We were working as a union anyway so we decided to establish one
NC [new page] Yr letter to the gen sec of RCN written as u as President of DU

NC How did DN union come to exist
BH we were abandoned. Told we'd be supported w any issues we came across. We were working as a union anyway so we decided to establish one

Couldn't be any clearer BH we were abandoned

The lady sitting next to Nick Wallis with the long brown hair was infecting everyone coughing and sneezing all last week.

But it isn’t enough for SP to show that the RCN’s behaviour could possibly have been motivated by her protected belief and then require the RCN to disprove it.

She first has to establish facts from which a reasonable tribunal could properly infer discrimination. The courts have specifically said that merely establishing a possibility of discrimination isn’t sufficient to shift the burden of proof. Nothing we heard this morning seemed to add any facts supporting that inference.

If she gets over that first hurdle, then yes, the RCN has to provide a non-discriminatory explanation. But the first hurdle is more substantial than "discrimination is one possibility".

From TT:

BH Yes
NC It's response from some one else in RCN suggesting a mtg - on Dec 3rd
BH I met w reg director and a fellow claimant. We explained the situation and vulnerability of some claimants - panic attacks pre and post shift, esp the person who'd exp sexual abuse

BH SHe suggested a survey of F members at the trust, that wld contact regional head nurse and she wanted a copy of transitioning in workplace policy - I sent to her
NC Looking at survey now: is that it?
Yes
NC What did u think of it
BH The Qs arent direct enough. None of the

allow response about comfort about a M being in F CR.
NC U had another Zoom w Sarah Dosdworth
BH We discussed the responses - 6 - and no=one mentioned a TG person
NC What did u learn about RCN stance?
BH They said they didnt have a position on it

NC is sounding more poorly with each question.

The tyranny of Be Kind strikes again!

💔poor Nay!

A woman with a UTI? Three days supply of Trimethoprem dear, that'll sort you out. What do you mean you have a penis and need seven days? No dear, not possible - you're a woman.

She needs her head over a bowl of boiling water at lunch.

Rachael Ridley

https://www.facebook.com/royalcollegeofnursing/posts/1130124242492917/

I think that is their implicit strategy. I hope NC can make it explicit

And probably a pregnancy test!

From TT:

BH She said she'd discussed SSS and bio Ms using them. Most of the ppl she'd discussed it with said they wldnt be comfy with this. I know she wanted to speak to Thacker and Purdue about it
NC Did u discuss why fewer raising Cx
BH I said ppl fearful of appearing unkind or
of repercussions. Ppl are fearful
NC Go to page 1120: who this person is
BH I think Rachel Ridley. SD was going to speak to them but I was alarmed as is a TG womean and this issue mainly affects bio Fs
NC What was context for this
BH wanted to know his expereinces and what he

Kudos to you - A&E must be the front line for abusive behaviour.

From TT:

did in CR. I think SD was sympathetic and in agreement w us
NC What made u think that?
BH She worked for Womens Aid who didnt allow. She said NHS England stance was against women. Womens Aid is a refuge for women

NC SD wrote this for u on yr behalf
Yes
NC You had a convo about her follow up w A Thacker
BH She hightlighted the 1992 Workplace regs. I case had been adjourned and the next day the trust had a new workplace guidance which doubled down on TG men. She was going to issue a

Ah, Workplace Regs 92 make their appearance.

From TT:

public letter. She'd then get NHSE involved if no result
NC Is that the letter?
BH Yes
NC On p967, u wrote back to SD and she replied on the following page?
BH Yes
NC What happened next related to 27 March SD letter?

BH We shared letter w media as was the 1st glimmer of any hope in this whole ordeal. It was in the public interest for public to see was a trust not abiding with law. Later we tired to org another Zoom - this was sl unpleasant to begin with as she was upset with us sharing the

What a great witness she is!

'Urgent' - over 2 months after being asked.

From TT:

letter with the media. She'd been told off by RCN, as they wondered if she'd shared it. Comms team of RCN were furious with it as unprepared
BH I felt like a naughty schoolgirl for being told off. Surely unions shld hold employers to account so unsure why I was being told off

BH SHe said she didnt want to hold a grudge against me. we discussed cubicles. She still sounded v onside despit ewhat had happened. She had nominated me to attend online training sessions. Most ppl within RCN were pro the FWS ruling but were cautious about how to present this

The fact that she didn't have the "am I going mad?" experience to the same degree as there were other nurses with her saying "no, this is nuts" must make a huge difference in how your mental health is affected.