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Feminism: Sex and gender discussions

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

1000 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

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19
TeenToTwenties · 06/10/2026 08:15

Just adding my thanks to @prh47bridge

and wondering whether people have plans for fireworks night?

nicepotoftea · 06/10/2026 08:19

Lacksie · 06/10/2026 08:10

Following FWS, a label that says a single sex facility is for women is clearly referring to biological women

this is factually not what FWS says.

FWS says that, for the purposes of the Equality Act 2010, references to “woman”, “man” and “sex” for the purposes of interpreting that piece of legislation are to biological sex.

It does not establish a general rule that every sign saying “women” is, as a matter of law, a declaration that the facility is exclusively for biological women.

Also it is misleadingly broad to say that judges must ignore/ be silent on a legal deficit that is not pleaded. courts can notice and raise an unargued point; what they ordinarily cannot do is decide the case against a party on that point without hearing them. Sometimes they invite further submissions; sometimes they mention the point but decline to decide it; sometimes they simply decide that it is unnecessary to resolve

It's certainly true that if somebody puts #girldinner on their instagram post, nobody is going to take them to court for misrepresentation if they are not a girl and the meal they are describing is not dinner.

However, if you want a service to include some people and exclude others, it really does seem sensible to explain clearly who those people are. I really don't think anyone is helped by ambiguous signage.

NoWordForFluffy · 06/10/2026 08:23

TeenToTwenties · 06/10/2026 08:15

Just adding my thanks to @prh47bridge

and wondering whether people have plans for fireworks night?

It's my birthday, but I don't have any plans for the actual day yet (other than having booked it off work).

As light relief, here's FluffyDog willing me to part with my morning banana! 🍌

ETA: and a tiny amount of thigh, soz. I had to crop a load out, as I'm not an exhibitionist. 🤣 (I was just back from running with said hound!)

Sandie Peggie: Employment Tribunal, associated legal claims, and related matters - thread #67
Lacksie · 06/10/2026 08:27

nicepotoftea · 06/10/2026 08:19

It's certainly true that if somebody puts #girldinner on their instagram post, nobody is going to take them to court for misrepresentation if they are not a girl and the meal they are describing is not dinner.

However, if you want a service to include some people and exclude others, it really does seem sensible to explain clearly who those people are. I really don't think anyone is helped by ambiguous signage.

The problem is that you are assuming your understanding of "women" etc is the "unambiguous" one. But not everyone shares your definitions and values. To me a sign saying women is "unambiguously" for women and trans women.

Nor did FWS settle that, despite everyone's insistence that it did. They were very clear about that. They were not deciding what the word woman means and how it should be broadly used and understood- including on door signage. They were clarifying what those words mean for the purposes of interpreting legal provisions in the EA 2010. Those are very different things and its a very important distinction. Which is why the SC started its judgment by expressing saying that.

oviraptor21 · 06/10/2026 08:39

Not to be used until this one is full.

PrancingPanda · 06/10/2026 08:39

NoWordForFluffy · 06/10/2026 08:23

It's my birthday, but I don't have any plans for the actual day yet (other than having booked it off work).

As light relief, here's FluffyDog willing me to part with my morning banana! 🍌

ETA: and a tiny amount of thigh, soz. I had to crop a load out, as I'm not an exhibitionist. 🤣 (I was just back from running with said hound!)

Edited

Happy Birthday to you 💐
(Gorgeous dog by the way ❤️)

SlackJawedDisbeliefXY · 06/10/2026 08:40

I take one evening off - why's our chessboard all covered in pigeon droppings?

NoWordForFluffy · 06/10/2026 08:40

PrancingPanda · 06/10/2026 08:39

Happy Birthday to you 💐
(Gorgeous dog by the way ❤️)

He's a labratwat! 🤣 I agree he's gorgeous though, even when I'm calling him a knobhead.

PrancingPanda · 06/10/2026 08:41

For the love of God, Lacksie. Stop. Please.

nicepotoftea · 06/10/2026 08:41

Lacksie · 06/10/2026 08:27

The problem is that you are assuming your understanding of "women" etc is the "unambiguous" one. But not everyone shares your definitions and values. To me a sign saying women is "unambiguously" for women and trans women.

Nor did FWS settle that, despite everyone's insistence that it did. They were very clear about that. They were not deciding what the word woman means and how it should be broadly used and understood- including on door signage. They were clarifying what those words mean for the purposes of interpreting legal provisions in the EA 2010. Those are very different things and its a very important distinction. Which is why the SC started its judgment by expressing saying that.

The problem is that you are assuming your understanding of "women" etc is the "unambiguous" one.

Whilst many may disagree with my continuation of this conversation, I think I speak for almost all the posters on this board when I say that I am very, very happy for it to be made clear that the section 3 exceptions apply to sex. If you are a service provider and trying to segregate on the basis of sex outside those exceptions, you really should check with a specialist equality lawyer (not a tax lawyer). I think it sounds awfully like Gilead.

It seems obvious to me that trans people are not helped by ambiguity that leaves it unclear whether or not they can use a service.

MyThreeWords · 06/10/2026 08:43

NoWordForFluffy · 06/10/2026 08:23

It's my birthday, but I don't have any plans for the actual day yet (other than having booked it off work).

As light relief, here's FluffyDog willing me to part with my morning banana! 🍌

ETA: and a tiny amount of thigh, soz. I had to crop a load out, as I'm not an exhibitionist. 🤣 (I was just back from running with said hound!)

Edited

Fluffydog's friendly grin undermines the controlling powers of his hard stare.😍😍

Keeptoiletssafe · 06/10/2026 08:44

Regulated pictograms up to British Standards are unambiguous. There one for unisex.
For the example of my specialist subject, here it is defined in 2006

unisex toilet
toilet that can be used by either sex

Lougle · 06/10/2026 08:48

Lacksie · 06/10/2026 08:10

Following FWS, a label that says a single sex facility is for women is clearly referring to biological women

this is factually not what FWS says.

FWS says that, for the purposes of the Equality Act 2010, references to “woman”, “man” and “sex” for the purposes of interpreting that piece of legislation are to biological sex.

It does not establish a general rule that every sign saying “women” is, as a matter of law, a declaration that the facility is exclusively for biological women.

Also it is misleadingly broad to say that judges must ignore/ be silent on a legal deficit that is not pleaded. courts can notice and raise an unargued point; what they ordinarily cannot do is decide the case against a party on that point without hearing them. Sometimes they invite further submissions; sometimes they mention the point but decline to decide it; sometimes they simply decide that it is unnecessary to resolve

"It does not establish a general rule that every sign saying “women” is, as a matter of law, a declaration that the facility is exclusively for biological women."

I'd be pretty annoyed if the carton labelled 'cream' was actually part cream, part milk. I'd also be annoyed if the solid wood cabinet I bought turned out to be veneer. Words matter. Women means female. Biologically female. Not 'I was male but now I've decided I should have been a female.'

MyThreeWords · 06/10/2026 08:48

Bit of a side-eye from my dog this morning.

Sandie Peggie: Employment Tribunal, associated legal claims, and related matters - thread #67
DustyWindowsills · 06/10/2026 08:48

NoWordForFluffy · 06/10/2026 08:40

He's a labratwat! 🤣 I agree he's gorgeous though, even when I'm calling him a knobhead.

Here I am wondering how the L poster is going to entertain us in the dying embers of this thread, when really I should be taking my own gorgeous knobhead for a walk. He's already chased away the bin men. He deserves a reward. 🐶

PachacutisBadAuntie · 06/10/2026 08:49

Justabaker · 06/10/2026 08:05

Girl Guides would be probably a higher level of pain to change the rules and become, effectively, a mixed sex organisation. It has a Royal Charter so it would involve the Privy Council, the Charity Commission, resolutions etc.

It also has a federated structure.

The SC decision in FWS has made them stop pretending that some boys are girls. Finally.

Do you think either the WI or GG have actually given up though? I suspect there are backroom manoeuvres ongoing and will be for years, sneaky attempts to smuggle males into groups and push for changes to allow it. Despite the law.

NoWordForFluffy · 06/10/2026 08:50

MyThreeWords · 06/10/2026 08:48

Bit of a side-eye from my dog this morning.

Gorgeous doggy! 😍

Keeptoiletssafe · 06/10/2026 08:52

Lovely dog. Also on a walk - hence multiple typos in last post.

are we full yet?

Wishesandhorses · 06/10/2026 09:03

PachacutisBadAuntie · 06/10/2026 08:49

Do you think either the WI or GG have actually given up though? I suspect there are backroom manoeuvres ongoing and will be for years, sneaky attempts to smuggle males into groups and push for changes to allow it. Despite the law.

That it will take mad wangling and finagling makes it pretty plain however that the law works, and that no one is actually in doubt of what it says.

The 'confusion' and the 'complication' is 'it doesn't say what I want it to say' and 'there has to be a way, somehow, in which men can be forced upon non consenting women'.

Which tells you really, everything you need to know about the people busy wangling.

CohensDiamondTeeth · 06/10/2026 09:15

NoWordForFluffy · 06/10/2026 08:23

It's my birthday, but I don't have any plans for the actual day yet (other than having booked it off work).

As light relief, here's FluffyDog willing me to part with my morning banana! 🍌

ETA: and a tiny amount of thigh, soz. I had to crop a load out, as I'm not an exhibitionist. 🤣 (I was just back from running with said hound!)

Edited

Happy Birthday! CakeGin

FluffyDog is beautiful!

NoWordForFluffy · 06/10/2026 09:19

I seem to have confused people. Sorry! My birthday is bonfire night (@TeenToTwenties asked what people were doing for it...I should've been clearer in my response)!

CohensDiamondTeeth · 06/10/2026 09:23

NoWordForFluffy · 06/10/2026 09:19

I seem to have confused people. Sorry! My birthday is bonfire night (@TeenToTwenties asked what people were doing for it...I should've been clearer in my response)!

Early birthday wishes all round then 😆

@MyThreeWords DDog is beautiful too!

Lougle · 06/10/2026 09:27

Happy non-birthday @NoWordForFluffy

@Lacksie I don't believe that you believe that anyone is saying 'women and transwomen' when they label something 'women'. But I'd be happy for a change that toilets and changing rooms for women are labelled 'Women (biological females only)' or 'Women (for the exclusive use of biological females)' if you'd prefer it and feel that people may be getting confused.

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