Sandie Peggie: Employment Tribunal, associated legal claims, and related matters - thread #66

[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

Thread 65: www.mumsnet.com/talk/womens_rights/5583663-sandie-peggie-employment-tribunal-associated-legal-claims-and-related-matters-thread-65 29 September 2026 to 30 September 2026

No sound here.

thanks but I'll keep going now

Thank you - and for all the c/p. I'm mindful of how it stops you being able to properly observe and react to what's happening (or is that just me?), and it's good of you keep doing it.

Still no sound!

NC has just commented that some have no audio. Usual quality of sound here (imperfect by acceptable).

From TT:

NC I will then read out and expand as I go. And before I start5 on my written document there are two thing to say as intro. The first is to talk about aftermath of FWS and legal/public reaction. In this it's likely historians will look at this judgement which brought to a head a

The reaction is q exctraordinary. It is q short and a model of clarity. Fundamentally simple q of what anyone should be capable of understanding; do matters of sex related to matters of bio and bodies, or as stated on their birth cert which can be modified by a GRC

[Naomi said there's no audio and things have stopped]

ah, I have a script, which makes things much easier!

Twiddles thumbs.

this is annoying

I think whether you have sound depends on the room. My room is fine.

From NW

[NC tells J remote viewers are not getting any audio] J just emailing the clerk...

Saying no complaints received!

a script?

Yay

Sound!

Sound!!😁

I use the X developer API (costs a small amount of money, sadly) to grab the latest tweets and format them and append them to a file, so I am just c&ping from my pre-formatted file, and don't have to faff with removing extraneous stuff. The first time I c&ped and actually had to use the mouse I had rsi within the hour!

Waves to all in once quiet room 👋

From TT:

Does sex mean sec or certificated sex?

The reasoning in FWS, and we have not provided this in bundle, can you call up a copy of this please?

J Yes

NC I am told audio is lacking. No audio
[we have audio]

J [speaks to clerk about audio?]

From TT:

J No issues with Clerk; no comments but will ask her to check.

I have the FWS judgement to consult

NC I won't take too much ime but my sub is shot though with recognition that bio sex has significance and this is key for single sex spaces. See p56 and heading p55 Single Sex services

There are provisions where carve outs apply and to allow discrimination on basis of sex in appropriate provision of SSS.

J may have diff pagination

Does Naomi usually "um" quite so much?

She has been doing it a lot in this case. I put it down to fuzzy brain from her cold

anyone should be capable of understanding

Bless Naomi.

Anyone who wants to understand and is not looking for weasel loopholes is capable of understanding.

Thank you. The wonders of technology.

I've sent you a PM, which doesn't need to be read until there's a break.
It could also wait until the end of the day.
Not urgent, just something I wanted you to know.

From TT:

NC started reading from par211 on provision of SSS I got to last lines, provision of segregated spaces for either sex for reasons such as health,

para 13 if sex has it's bio meaning then provider can separate sexes if this has legitimate aim but practical implications arise as

diff or not impossible to distinguish from appearance when a person has a GRC and single sex space is aim; how to maintain?

[Naomi is reading fast from the FWS2 judgement, and from her own writing - judge not taking notes so it's going very fast! I hope we will get her document]

From TT:

also para 231 single purpose assn or charities

second sentence that cert sex would make it imposs for mutual support assn, lesbian or breastfeeding charity to set up. To req them to reconsider their aims and admit GRC holders would undermine practical operation

The judgement is shot thru with that recognition. Para 117 also general heading separate and single sex services. Cert Sex interpretation makes it hard for women to object to bio males but TW by operation of a GRC who are still bio men