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Feminism: Sex and gender discussions

Sandie Peggie: Employment Tribunal, associated legal claims, and related matters - thread #67

544 replies

nauticant · 01/10/2026 18:23

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.

A second Employment Tribunal, Sandie Peggie vs Royal College of Nursing, has just been heard. The hearing started on Wednesday 23 September 2026 and ended on Thursday 1 October 2026. It is possible that a decision will be handed down before Christmas of this year.

Additional legal claims have been raised. Sandie Peggie is taking action against three senior managers who were witnesses in the first 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 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

Thread 66: www.mumsnet.com/talk/womens_rights/5584074-sandie-peggie-employment-tribunal-associated-legal-claims-and-related-matters-thread-66 30 September 2026 to 1 October 2026

OP posts:
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12
MyAmpleSheep · Yesterday 12:46

Lacksie · Yesterday 12:45

Yes, these paragraphs mean that an employer cannot count a trans-inclusive women’s changing room as the female-only provision required by the workplace regulations.

They do not prohibit an employer from also providing an additional changing facility for women, including trans women, while excluding other men, provided that arrangement complies with the Equality Act.

The employer must still provide suitable and sufficient changing facilities that allow men and women to change separately where required. That can include individual private changing rooms used by one person at a time.

We’re going around in circles now, so I’ll leave it there

No, we want to hear how you’d label all these different changing rooms. We need a laugh.

KittyWilkinson · Yesterday 12:47

How absolutely desperate are these TIMs to get into women's facilities and services? Everything ultimately boils down to their need to access our toilets, changing rooms and rape centres, to the point that they will try anything in their arrogance to pretend the Supreme Court is incorrect and misrepresent the ruling.

Taztoy · Yesterday 12:47

MyAmpleSheep · Yesterday 12:43

The law recognizes that including members of the opposite sex in a changing area is an affront to privacy, dignity and safety.

it doesn’t outlaw mixed sex changing facilities but it’s lunacy to think that having mandated a single sex changing facility be made available it would be ok to label a mixed sex facility as single sex by putting “women’s changing room” on the door.

Quite.

as I have said, and been ignored by those for whom this scenario doesn’t suit their narrative, when I asked that I be given a female clinician, and was assured I would be, I don’t expect a trans woman to turn up.

Rollingpinofdoom · Yesterday 12:48

Lacksie · Yesterday 12:37

There is a right to have a changing room free from
members of the opposite sex, however

And this is law to protect women's privacy and dignity and feelings of safety.

And I agree that this should be available.

I don't agree that it follows from this that every service/ facility labelled "women" must exclude trans women in order to be lawful.

Some people also disagree thst the world is round and that the moon landings were real. I give your opinion the same respect.

KittyWilkinson · Yesterday 12:51

GriseldaandMike · Yesterday 12:46

Are people with nut allergies 'entitled' to believe a product labelled 'nut free' shouldn't contain nuts?

I'm developing a nut allergy as I type.

MyAmpleSheep · Yesterday 12:51

I get the idea that Lacksie is a sort of opposite of SP. SP exits the women’s changing room when there’s a man in there; L would prefer to wait in the corridor until there’s a man in there, to demonstrate her inclusivity.

MrPrettyDamnCosmic · Yesterday 12:52

Lacksie · Yesterday 12:45

Yes, these paragraphs mean that an employer cannot count a trans-inclusive women’s changing room as the female-only provision required by the workplace regulations.

They do not prohibit an employer from also providing an additional changing facility for women, including trans women, while excluding other men, provided that arrangement complies with the Equality Act.

The employer must still provide suitable and sufficient changing facilities that allow men and women to change separately where required. That can include individual private changing rooms used by one person at a time.

We’re going around in circles now, so I’ll leave it there

They do not prohibit an employer from also providing an additional changing facility for women, including trans women, while excluding other men, provided that arrangement complies with the Equality Act.

Please can you explain how a changing facility for women, including trans women, while excluding other men can comply with the Equality Act? Forcing women to change in front of males is indirect sexual discrimination.

KittyWilkinson · Yesterday 12:52

MyAmpleSheep · Yesterday 12:51

I get the idea that Lacksie is a sort of opposite of SP. SP exits the women’s changing room when there’s a man in there; L would prefer to wait in the corridor until there’s a man in there, to demonstrate her inclusivity.

You think that's a woman you are responding to?

GriseldaandMike · Yesterday 12:53

KittyWilkinson · Yesterday 12:51

I'm developing a nut allergy as I type.

I look forward to this world of chaos where the pump labelled unleaded might contain petrol or diesel. Entitled motorists don't have the right to assume that because it is green and says unleaded that it actually despenses unleaded.

Taztoy · Yesterday 12:55

GriseldaandMike · Yesterday 12:53

I look forward to this world of chaos where the pump labelled unleaded might contain petrol or diesel. Entitled motorists don't have the right to assume that because it is green and says unleaded that it actually despenses unleaded.

should I admit to having put petrol in a diesel car coz my car is petrol and I was on automatic pilot?

the AA would be busy.

KittyWilkinson · Yesterday 12:56

GriseldaandMike · Yesterday 12:53

I look forward to this world of chaos where the pump labelled unleaded might contain petrol or diesel. Entitled motorists don't have the right to assume that because it is green and says unleaded that it actually despenses unleaded.

Some of the coffee they sell in these places comes out of the petrol pump I'm sure. It's definitely not coffee. I look forward to Green instead of Red diesel for my tractor. It's a prettier colour.

MarieDeGournay · Yesterday 12:58

Lacksie · Yesterday 12:45

Yes, these paragraphs mean that an employer cannot count a trans-inclusive women’s changing room as the female-only provision required by the workplace regulations.

They do not prohibit an employer from also providing an additional changing facility for women, including trans women, while excluding other men, provided that arrangement complies with the Equality Act.

The employer must still provide suitable and sufficient changing facilities that allow men and women to change separately where required. That can include individual private changing rooms used by one person at a time.

We’re going around in circles now, so I’ll leave it there

In other words, your repeated, in different words, claim that
The changer can be for women and trans women, only, and labelled for women, as long as there is another no less favourable service for men
is not correct.

If a facility is labelled 'women', it is only for biological women, full stop.
Any biological men, like DrU, are not allowed to use it.
It's really that simple!

B9b9b9 · Yesterday 13:03

Taztoy · Yesterday 12:47

Quite.

as I have said, and been ignored by those for whom this scenario doesn’t suit their narrative, when I asked that I be given a female clinician, and was assured I would be, I don’t expect a trans woman to turn up.

Indeed - I’m not sure @Lacksie has already used this argument or not but I suspect they would argue that a trans person needs to use the single sex facilities of their chosen identity because otherwise they would risk being “outed”. In healthcare this leads exactly to the scenarios you describe , if a woman ( or man) requests single sex care , would that trans person still see them or would they “out” themselves to colleagues and say they couldn‘t. To do the former could constituent an assault.

MyAmpleSheep · Yesterday 13:04

B9b9b9 · Yesterday 13:03

Indeed - I’m not sure @Lacksie has already used this argument or not but I suspect they would argue that a trans person needs to use the single sex facilities of their chosen identity because otherwise they would risk being “outed”. In healthcare this leads exactly to the scenarios you describe , if a woman ( or man) requests single sex care , would that trans person still see them or would they “out” themselves to colleagues and say they couldn‘t. To do the former could constituent an assault.

Lacksie did use that exact argument, in another thread (the one that was deleted).

Veilsofmorning · Yesterday 13:06

Lacksie · Yesterday 12:23

I disagree that a woman is "entitled" to assume that every service/ facility labelled "women" will necessarily exclude trans women. Yes, I disagree with that very seriously.

I agree that a woman should have a place to change at work that protects her personal feelings of privacy, dignity and safety. It seems to me that that can be most obviously managed by the provision of single, lockable cubicles that comply with the conditions in the workplace regs.

Or perhaps, there should be a third facility available in all workplaces clearly labelled "for sex realist birth females" 😜.

You seem to have been up most of the night UK time and still posting through the morning. Perhaps you should get some sleep and perhaps you’ll see things more clearly? What time of day is it with you?

Keeptoiletssafe · Yesterday 13:07

prh47bridge · Yesterday 11:38

For the benefit of @Lacksie and anyone else who is confused, let me set out the current law regarding changing rooms.

Changing rooms at work are governed by the Workplace (Health, Safety and Welfare) Regulations 1992. If an employer is required to provide changing rooms, they must provide separate facilities for men and women, or a separate room lockable from the inside. There are now a number of precedents that make it clear these regulations must be interpreted as referring to biological sex - a position which is wholly unsurprising given that the Supreme Court in FWS said that single sex services such as changing rooms require a biological interpretation of sex. Any employer who allows a biological male to use the female changing room is therefore committing a criminal offence regardless of how the person in question presents and whether they are in possession of a GRC. The same would apply to allowing a biological female to use the male changing room.

Changing rooms elsewhere, e.g. at sports facilities, are not required to be single sex, although there are various standards and guidelines recommending separate male and female provision alongside inclusive options. If a service provider puts a "women" sign on a changing room but then permits its use by trans identifying males, that changing room is unisex for the purposes of the Equality Act and hence is not entitled to claim the exemptions for single sex services set out in the Equality Act. So, whilst a service provider could allow trans identifying males into the female changing room, by doing so they may find it harder to defend their position if a claim is made against them.

Given the above, it is clear that the ET judgment in Peggie vs NHS Fife is wrong. The tribunal misdirected itself when it decided not to consider the Workplace Regulations on the grounds that they are criminal law. It is clearly relevant to an employee's claim if their employer has broken criminal law or allowed other employees to do so. Failure to consider the Regulations allowed the tribunal to conclude that NHS Fife had discretion to allow trans identifying males to use the women's changing room. In reality, Fife had no such discretion. They broke the law by allowing Upton to use the women's changing room. The decisions being appealed all flow from this incorrect understanding of the law by the tribunal. Unless the higher courts decide to reverse previous precedents, I expect that the ET's judgment will be overturned.

Can I just add to this excellent post that there are instances where visitor facilities are covered by legislation too in the precursor to the 1992 legislation. Also Building Regulations need to be adhered to and venues can be prosecuted if they are found to be negligent. This includes prioritising single sex toilets.

I am starting to see more interest in designs and standards for example they were noted in the DfE 2026 design guidance for schools. This is welcome and overdue - for a few years the unregulated term gender-neutral had crept in. This must be down to FWS. It has such far-reaching implications for safeguarding they may not have even contemplated. I can’t thank them enough.

FarriersGirl · Yesterday 13:07

Cantunseeit · Yesterday 08:32

I love FWR 🥰

Amongst the drama of the c&p and observer remarks, patient and evidence-based rebuttals of the ploppers’ diversionary tactics, sit nuggets of fascinating information about completely unrelated topics. And sometimes some lovely recipes

This post made me smile this morning and I wanted to acknowledge it and you all.

As you were

I enjoyed the pouched rat diversion too although I initially read it as poached rat 😂Hopefully that is not on the menu!

GriseldaandMike · Yesterday 13:16

FarriersGirl · Yesterday 13:07

I enjoyed the pouched rat diversion too although I initially read it as poached rat 😂Hopefully that is not on the menu!

Careful, someone will have a recipe for that.

DrBlackbird · Yesterday 13:18

GriseldaandMike · Yesterday 12:21

This, oh and also the absolute non starter of saying this is for women and TWs who pass. Good luck keeping IW, FW, EddieSu etc out.

A TW of my acquaintance posted on socials after the woman means woman judgement about how they would fight for their 'non passing sisters' as obviously the law doesn't apply to them as they pass so they can ignore it. They don't pass, they are very very obviously male but somehow believe they do (probably because people clock the dress, the makeup, long hair and think oh this bloke wants to be see as a woman so I will call him Miss).

A TW of my acquaintance truly thought they passed because they are a slight build and have thin wrists. He grew his hair and wore skirts. I really think he is completely unaware of how everyone clocks him as male. He is quite autistic and struggles to process someone else’s perspective.

A TW work colleague is about 220lb 6 foot male who wears a dress and otherwise has no ‘feminine’ markers. Any woman running into him in the toilets would definitely not feel comfortable asking/telling him to leave.

prh47bridge · Yesterday 13:20

Lacksie · Yesterday 12:00

If the label on the door says it is the women's changing room, it must be for biological women

tyats not what the law says, and the high court specifically contemplated the lawfulness of the opposite.

on your second point I agree that a separate facility for birth females, or a lockable private cubicle should have been available, because of the workplace rega and this was a workplace. Were there no private cubicles that met the standard?

Edited

It was not said specifically but, in light of the law, any woman using a changing room labelled "women" has a reasonable expectation that it will only contain biological women. If there is a man in there she has an easy case for harassment and possibly also discrimination against whoever decided to allow the man in.

MarieDeGournay · Yesterday 13:20

B9b9b9 · Yesterday 13:03

Indeed - I’m not sure @Lacksie has already used this argument or not but I suspect they would argue that a trans person needs to use the single sex facilities of their chosen identity because otherwise they would risk being “outed”. In healthcare this leads exactly to the scenarios you describe , if a woman ( or man) requests single sex care , would that trans person still see them or would they “out” themselves to colleagues and say they couldn‘t. To do the former could constituent an assault.

The scenario of the biological sex of a trans-IDing male colleague only being revealed if, shock horror! they used the men's is very unlikely.

DrU, for instance, was recognised as trans by his colleagues acc to evidence given at the original tribunal, I don't know if that was some, most, many or 'duh- all' but I imagine it wasn't the best-kept secret in the hospital.

It appeared from the evidence that all the women who used the same changing room a DrU knew he was a biological male, because much was made of the fact that none of them except SP had, allegedly, any problem with sharing the women's changing room with a biological male.

Nobody on the Fife side argued that everybody except SP thought that DrU was a biological woman and therefore unproblematically entitled to be in the women's CR.

I don't buy this 'outing' thing, and if it's 'outing' for a trans-IDing male doctor to do the right thing and step back from treating a patient who has specifically asked for a woman doctor... well, that just highlights the fundamental problem of claiming to be something you're not, it will catch up with you eventually.

Taztoy · Yesterday 13:22

MarieDeGournay · Yesterday 13:20

The scenario of the biological sex of a trans-IDing male colleague only being revealed if, shock horror! they used the men's is very unlikely.

DrU, for instance, was recognised as trans by his colleagues acc to evidence given at the original tribunal, I don't know if that was some, most, many or 'duh- all' but I imagine it wasn't the best-kept secret in the hospital.

It appeared from the evidence that all the women who used the same changing room a DrU knew he was a biological male, because much was made of the fact that none of them except SP had, allegedly, any problem with sharing the women's changing room with a biological male.

Nobody on the Fife side argued that everybody except SP thought that DrU was a biological woman and therefore unproblematically entitled to be in the women's CR.

I don't buy this 'outing' thing, and if it's 'outing' for a trans-IDing male doctor to do the right thing and step back from treating a patient who has specifically asked for a woman doctor... well, that just highlights the fundamental problem of claiming to be something you're not, it will catch up with you eventually.

Edited

Quite.

Boiledbeetle · Yesterday 13:31

GriseldaandMike · Yesterday 13:16

Careful, someone will have a recipe for that.

Gourmet Sewer-to-Table Poached Rat

Prep time: 15 minutes (or 2 hours if it won't stop running)
Cook time: 45 minutes
Yield: Serves 2 adventurous souls (or 1 very desperate pirate)

Ingredients
1 prime city rat (preferably ethically sourced from behind a five-star French restaurant)
4 cups swamp water (filtered through a clean sock, if you're fancy)
2 local mud bricks (crushed, for body)
1 bundle roadside weeds (dandelions, stinging nettles, or whatever the neighbor is trying to spray)
3 rusty nails (for that classic, deep iron flavour)
A pinch of sawdust (to mimic the texture of fine parmesan cheese)

Preparation Steps

The Catch & Release (Into the Pot):
Acquire your rat. If it is currently wearing a tiny chef's hat and whispering cooking secrets to you, do not cook it. That is a culinary advisor. Find a less talented one.

The Spa Treatment:
Gently scrub the rat with an old toothbrush. Pluck any premium, artisanal dumpster debris from its fur. Leave the whiskers on for a dramatic, avant-garde presentation.

The Aromatics:
In a large, dented tin can or a cauldron, combine the swamp water, crushed mud bricks, roadside weeds, and rusty nails. Bring the mixture to a aggressive, bubbling boil until it smells like an industrial revolution.

The Gentle Poach:
Reduce the heat to a simmer. Carefully lower the rat into the liquid. It should look like it is taking a very relaxing, muddy bath. Cover the pot with a heavy rock to prevent any "sudden resurrections."

The Waiting Game:
Poach for 45 minutes. You will know it is done when the tail curls into an elegant spiral and your roommates start packing their bags to move out.

The Presentation:
Fish the rat out using two sturdy sticks. Place it dead-centre on your finest chipped ceramic plate. Garnish generously with a dusting of fresh sawdust.

Chef’s Note
Pair this dish with a fine, vintage tap water (circa twenty minutes ago) and a side of absolute regret.

NormalityIsOverrated · Yesterday 13:31

I keep being reminded of a conversation related to me by a serving soldier.

Commanding Officer (male)
Ah, Sergeant, I need a quick word. Steve now wishes to be known as Stella and so she will be using the female toilets and changing rooms.
Sergeant (female)
No he fucking won't Sir
CO
Ah, no, that won't do will it. Leave it with me Sergeant.

Wishesandhorses · Yesterday 13:31

MyAmpleSheep · Yesterday 12:51

I get the idea that Lacksie is a sort of opposite of SP. SP exits the women’s changing room when there’s a man in there; L would prefer to wait in the corridor until there’s a man in there, to demonstrate her inclusivity.

This is not a problem. There can be lovely designated mixed sex areas where women who wish to undress with men can do so, and where anyone who prefers not to use the space of their own sex can go as an accessible alternative.

Those people just cannot deprive everyone else of their needed single sex spaces, or wrench those spaces into mixed sex to meet their own personal needs.

(How many times now has this been repeated on this and on the 'lets not derail/now deleted thread?)

This is merely about those with gender identity beliefs realising that they really are going to have to tolerate the existence of other people's provisions and rights. That's it. That's all. This is why the 9 mill GI tat in shop and zero everything else thing is relevant. If there was even one suffragette badge in that shop, the GI movement would have had a collective nervous breakdown.