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

"You should take them out when they just start to go brown round the edges, don't leave longer than this. If they're still squidgy in the middle that's fine, they set on cooling."

That, friends, is the mistake that flapjack rookies make. They bake them until they look cooked, which is far too long.

What determines whether you get a support camel or a care gerbil? And will they both be free at the point of use under Andy Burnham's new social care model?

From TT:

Good morning. This is day 6 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. We expect to begin at 10am.

t.co/7z8mLW93wB

Previous coverage of the tribunal, background on the case and accumulated press coverage can be found on our Substack:
t.co/bnFvSd9uLV

We are a collective of volunteer journalists and are not paid for our work. Please support us by subscribing to our Substack (link in bio above) which funds our legal and digital expenses, and some travel costs.

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

Employment tribunals in Scotland do not require written witness statements; witnesses give their evidence through examination and cross examination. We have been granted permission to live tweet and Employment Judge Sangster has given the following admonition to witnesses:

t.co/PnQrMK497k

Abbreviations:
SP/C - Sandie Peggie, claimant
RCN/R - Royal College of Nursing, respondent
NC - Naomi Cunningham, barrister for claimant
DH - David Hay, barrister for respondent
J/JS - Employment Judge Melanie Sangster
ET - employment tribunal

MG - Margaret Gribbon, solicitor for claimant
JF - Jemma Forester, solicitor for respondent
SF – Stuart Fraser, RCN union representative
NP – Norman Provan, Associate Director at RCN and SF’s manager
DU – Dr Upton
NMC – Nursing and Midwifery Council

EA – Equality Act 2010
FWS – For Women Scotland
SM – Sex Matters
MF – Maya Forstater, Founder of SM
NH – Neale Hanvey, Former Alba MP for Kirkcaldy and Cowdenbeath
GT – Gillian Tait, RCN senior officer

LM – Lisa Mackenzie, Murray Blackburn Mackenzie, an independent policy analysis collective. Formerly employed at RCN.
JW – Jennifer Wilmott
PF – Pauline Fox
SO – Stephen O’Grady

BH – Bethany Hutchison, Claimant nurse in Darlington nurses v County Durham & Darlington NHS Foundation Trust
JM – Jennifer Melle, nurse at Epsom and St Helier University Hospitals NHS Trust, who faced NMC investigation, which was dropped 1st July 2026
RC – Rachel Cackett

JC – Jane Clark
DM – David Miller
CP – Colin Poolman, Executive Director of RCN Scotland
PM – Patricia Marquis, Executive Director of RCN England
CR - changing room
Fife – Fife Health Board, claimant’s employer

TW - transwoman (male person claiming female gender identity)
TM - transman (female person claiming male gender identity)
TWAW - trans women are women
TMAM - trans men are men
EIA – Equality Impact Assessment
GC – gender critical

GRC – gender recognition certificate
SWAG – Scottish Workforce and Staff Governance Committee

We may also use abbreviations from the case Peggie v Fife Health Board

t.co/SePdH8ax23

There was one witness - I think in the Jo Phoenix case - who tried this overfamiliarity with the judge. It did not go well.

Two thought on NW's write up of yesterday:

"Fraser accepted that if the posts [the Fred tweets] were brought to the RCN’s attention there would likely be an investigation."

They have certainly been brought to its attention now. I wonder what will happen.

SP's demand that Fife:

"accepts that its staff have the right to discuss matters of common concern and organise to address them"

A union should be right behind that, shouldn't it? That's their entire founding purpose.

I believe you just have to need OR want one. It's a bit like the cat distribution network.

As for AB his face is currently on the dart board in the old gerbils home.

Could the support camels be dispatched my way with some very fizzy very gingery drink (no artificial sweeteners, please) and the saltiest crisps know to the womankind to deal with my post-migraine hangover. Thank you.

Camels are more skilled at providing emotional and moral support, gerbils at seeing to material needs.

For an even better experience in severe emergencies, the red panda / quokka combo is suberb. More readily available down under.

all this probably better discussed in the Bluestocking to spare the nerves of the transcribers

@fanOfBen I recommend witch hazel (soak a cotton wool pad and use as a compress) and arnica cream for helping the bruises subside.

@Lougle I hope you and your DD are doing OK, and have managed to find something otherthan bad flapjacks for sustenance.

Ah, this was what I was unsure of -- their different skillsets and which were required for different kinds of distress. Re: boiledbeetle's reply, I don't doubt that anyone who requests either kind of support creature (even implicitly) is entitled to receive one.

About to start

Can anybody assist with how my mind should pronouce Patricia Marquis' surname? Should I be thinking Mar-kwiss, Mar-kwee or Mar-kee?? Ambiguously pronounced names alsways hold me right up when reading - does anyone else get that?

Thank the lord she said that, it has been annoying me for the last week when he said nurses instead of nursing.

I do like Judge Melanie's taste in clothes. A classy fitted dark navy blue long sleeved frock. Top marks.

Just realised she'll be sworn in shortly. Anyone in the room - please report back!!

Same as the marquis of queensbury rules.

I missed it as I was sorting out my speaker!

'Markwiss'

From TT:

[The next witness for the RCN is Patricia Marquis.]
J Good morning, Miss Marquis.
[PM gives evidence under oath]
J pls keep your voice up and speak into mic
DH Thank you, J. [gives full name]
DH Employed by RC Nurses
PM Nursing
PM Exec Dir RCN England
DH How long
PM Think c 5 yr

PM Employed c 30 years. Originally member as an activist, then member of staff, senior regional officer, then director, then director RCN England
DH role involves?
PM Primary to oversee management of services staff deliver to members, running business, working with other colleagues

She was interviewed and referred to as Mark-wiss

https://www.newcrosshealthcare.com/insights/voices-of-care/patricia-marquis

Can anyone remember how long DH said he would be with this Marquis lady? I'm desperate to see some of NC's cross examination but I have to go into work this afternoon. 😭

'Running the business.' * *

I am just going to jump in to wish everybody well; especially those who are under the weather (or family members) and those in employment disputes.

Condensed milk in flapjacks, eh? I might have to rethink my recipe (sounds VERY sweet, so I might stuff some dried cherries or something in).

If the Judge is as ignorant as the two RCN reps claim to be, NC is in trouble, I think.

Well spotted.

DH said he'd be an hour with this witness.