Sandie Peggie: Employment Tribunal, associated legal claims, and related matters - thread #65

[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

Thread 64: www.mumsnet.com/talk/womens_rights/5583133-sandie-peggie-employment-tribunal-associated-legal-claims-and-related-matters-thread-64 27 September 2026 to 29 September 2026

Not murder - murders are really rare in toilets but medical incidents aren’t. I have wondered if families who have relatives who have died in toilets that don’t meet regulations could sue. There’s some recent incidents where young people have died where there’s been a delay in getting to them which are upsetting because it’s probable that these delays could have affected the chance of survival.

It does seem weird there is no pressure on the HSE to prosecute these breaches of the law.

The conclusion on other threads seems to be that the HSE has only the resources to prosecute breaches of regulations when individually identified workers have died or been seriously injured.

The Health and Safety Executive and Building Safety Regulator split recently. The BSR was for tall buildings but I don’t know if they would have a say in this. If all changing and toileting has to be in individual private rooms to make everything unisex, good luck with quick building evacuations!

A bit like the EHRC not doing anything to ensure NHS hospitals follow the law on single sex sleeping accommodation I suppose.

For the sake of completeness, I should add local authorities also have certain enforcement powers under the Health and Safety regulations. (And the Office for Nuclear Regulations, at nuclear power stations and some other relevant sites).

The details are in The Health and Safety (Enforcing Authority) Regulations 1998. I haven't trawled through them entirely, yet.

From TT:

Welcome to the first afternoon session on day 5 of Peggie vs Royal College of Nursing from Dundee Employment Tribunal. Peggie is taking action against the RCN, her union, for failure to support her during her employment dispute with Fife Health Board.

There’s a little section on health and safety and the dangers of confined spaces which I always relate to universal toilets.

I am slightly concerned that Sandie wouldn’t have phone conversations with GT.

GT then I was asked by Colin Pullman re representation RCN director Scotland DH you learned from CP that SP had asked for assistance. You emailed SP asking for a call?
GT always better to support with a phone call person to person
DH what’s the advantage of a call?
GT allow me to hear expectations support needed and rapport

GT is correct that a phone-call is much better than email. In terms of communication F2F is best, then Videoconference, then phone-call. Email is an awful way to communicate in complex situations.

I appreciate SP may have not wanted a phone-call because that is a natural stress reaction.

We also know not one of Sandies colleagues/friends were prepared to risk their careers to be witnesses for her at the ET. Trying to get the RCN to do a collective grievance with only Sandie putting her head above the parapet was not reasonable.

Right, I've had two large glugs of golden syrup. I'm awake. I'm bouncing and I'm ready for Naomi.

Relevant to the original ET, but not to this. What Fife did or didn't get wrong doesn't matter here; it's purely about the union's actions.

Hm, I disagree. I find emails a lot easier; I can gather my thoughts and make sure I've not missed anything. I'm not great on phone calls, never have been, especially if the person I'm speaking to happens to have any sort of accent that I'm not used to. In this case, I think I'd also be keen to be using emails so nobody could lie afterwards about what they'd said. Of course, that might well be the reason the RCN preferred calls, too.

From TT:

We expect to begin at 2pm, commencing the cross-examination, by Naomi Cunningham, of Gillian Tait for the RCN.

Previous coverage of the tribunal can be found on our Substack:
tribunaltweets.substack.com/p/peggie-vs-the-royal-college-of-nursing

We report what we hear in good faith but do not provide a transcript of proceedings.

From TT:

Abbreviations from this morning:
SF – Stuart Fraser
NP – Norman Provan
GT – Gillian Tait
MM - Marie Mason, PA to NP
DM - David Millar
CP - Colin Pullman
EIA - Equality Impact Assessment

.

NO training on Forstater. Wow

And we're back.

Bloody hell.

100% agree. Email provides an audit trail. Any significant phone or F2F conversation should be followed up with an email confirming what was discussed.

…and the fact the he assumed that Sandie was comparing Upton to a rapist rather than the obvious point that she was making which was MEN being in a female only space, I believe, demonstrates that he saw nothing wrong with Upton being in the CR because he had been educated within the RCN that TWAW.

Oh God. I keep thinking I will stop feeling bad for the witnesses but then their responses are so bad the intense cringeing begins. RIP Miss Tait's dignity and reputation.

It's going to be a very long afternoon for Gillian.

Knows nothing about Forstater - glancing comment on Grainger criteria, nothing about earlier FWS decisions......;.

Both highly relevant to her work.......

From TT:

NC What do you understand re Forstater
NC Do you know about what / what understand means for members.
GT Ruling not in place at point of tribunal. Was upheld that NHS Fife had asked SP - should have dealt with SP complaint
NC _ No, I'm asking about Forstater

NC How much do you know
GT A blank for me. No training re that case, no.
NC [to docs] Article on RCN Magazine giving explanation of case. Please say if rings any bells.
NC Familiar
GT No always at meetings but remember Grainger mentioned at ones was at
NC You won't necessarily

It's a staggering admission but completely unsurprising!

From TT:

have view c law difference between manifesting and holding beliefs.
GT no
NC c GRCs - any knowledge of previous case by FWS that didn't go to SC
GT Only what read in media
NC Can you recall
GT Darlington case
NC no
GT Scottish ministers