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Feminism: Sex and gender discussions

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

444 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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Kirschcherries · Yesterday 12:22

Lacksie · Yesterday 12:18

However, where a service is stated to be for women if you include transwomen you have to make that clear. You also need to permit all men, not just those who identify as women, otherwise it is sex discrimination. What you cannot do is lie.

Incorrect according to a recent high court ruling. Please see my post above.

FWS 3 was unequivocal about Women’s Prisons https://forwomen.scot/19/06/2026/fws-v-scottish-ministers-iii-the-judgment/

178] Sex segregation in prisons in Scotland is lawful. The statutory scheme, based on the EA 2010 and the 2011 Rules, requires separate prison accommodation for men and women. Following FWS 2, this means sex segregation in prisons according to biological sex.

[179] Insofar as the Prisons Guidance allows SPS to accommodate trans prisoners in prisons for the opposite biological sex, it is in conflict with the requirement that prison accommodation be provided separately for men and women. That constitutes a mis-statement of the law.

[181] All prisoners have rights under the European Convention on Human Rights. Trans prisoners have rights under Article 8, but this does not extend to a right to be accommodated in a prison for the opposite biological sex. Article 8 rights are qualified and there is a justification for maintaining sex segregation in prisons. The statutory scheme imposes a bright line rule and sex segregation in prisons does not admit of exceptions on the basis of Article 8 rights.

[184] In all the circumstances, the Prisons Guidance is unlawful and the petitioner is entitled to orders for declarator and reduction.

FWS v Scottish Ministers III – the judgment - For Women Scotland

Judgment was handed down by the Court of Session on Friday 19th June on For Women Scotland v The Scottish Ministers on the Scottish Prison Service Policy for the Management of Transgender People in Custody Operational Guidance. [178] Sex segregation in...

https://forwomen.scot/19/06/2026/fws-v-scottish-ministers-iii-the-judgment/

KittyWilkinson · Yesterday 12:31

NebulousSupportPostcard · Yesterday 11:26

I asked Christian Concern if we could send postcards for them to pass on our good wishes to Jennifer Melle, and they agreed. (I specifically asked about sending via a third party to Jennifer because it could be especially awkward if an avalanche of cards arrived at her workplace).

From CC:
"Thank you for your email. Yes, we would be happy to receive any cards or other messages of support for Jennifer to our office at 70 Wimpole Street, London, W1G 8AX."

Jennifer has been treated abysmally in all of this. I will send her a card, it is a lovely idea.

Shortshriftandlethal · Yesterday 12:35

Lacksie · Yesterday 11:06

If you think I’m not being attentive to the facts, or that my arguments aren’t cogent, then by all means say so — by pointing to the relevant facts and making the stronger argument.

Where I draw the line is at value-laden claims about my personal motivations or character: that I’m “cynical”, that I “don’t care”, that I’m acting in bad faith, and so on. That has no place in a civilised discussion.

You may read my posts and think, “God, that woman is stupid, cynical, unreasonable, unpleasant, a bad actor,” etc. That’s human. I very often have similarly uncharitable reactions to posts on these threads. But I don’t say those things to the poster, because I’m well aware that is contrary to the purpose of mumsnet and more importantly it undermine the purpose of discussion and, contributes nothing to the substantive issues.

So criticise my reasoning as robustly as you like. Show me where I’ve got the facts wrong. Show me where the logic doesn’t follow. but leave the ad hominem commentary out if it please.

ok stop Lacksie stop 😅🙈

I'd like to know why it is you are trying to find ways of including men ( however they 'identify) into women only/female spaces? What is the reasoning, the purpose and whose interests does it serve?

murasaki · Yesterday 12:37

Shortshriftandlethal · Yesterday 12:35

I'd like to know why it is you are trying to find ways of including men ( however they 'identify) into women only/female spaces? What is the reasoning, the purpose and whose interests does it serve?

None of them ever answer this.

Ereshkigalangcleg · Yesterday 12:37

Lacksie · Yesterday 12:18

However, where a service is stated to be for women if you include transwomen you have to make that clear. You also need to permit all men, not just those who identify as women, otherwise it is sex discrimination. What you cannot do is lie.

Incorrect according to a recent high court ruling. Please see my post above.

It’s not “incorrect” at all, read your own quote. He said there was scope to argue it, not that it was incorrect.

Shortshriftandlethal · Yesterday 12:39

Lacksie · Yesterday 12:17

Hello just popping in quickly to say

Paragraph 61 of this judgment specifically considers a rule allowing trans women to use the female toilets while directing other men to the male toilets. Where the facilities are materially similar, the judge recognises a strong argument that this constitutes different treatment without being less favourable treatment on grounds of sex. He expressly adds that the circumstances of the case would be decisive.

The same paragraph explains that those toilets would count as “mixed-sex” under the Equality Act, while still being labelled “women’s”. It therefore expressly contemplates a potentially lawful arrangement that includes cis and trans women while excluding other men.

So, no, according to this judgement : the Supreme Court ruling does not impose a blanket ban on trans women using any facility labelled “women’s”. Rather, whether a particular arrangement is lawful depends on the circumstances and the applicable legal requirements.

https://www.judiciary.uk/wp-content/uploads/2026/02/good-law-project-EHRC-AC-2025-1953-judgment-13Feb26.pdf?utm_source=chatgpt.com

"Whether different treatment is also less favourable treatment is, therefore, a qualitative question. In a case where the provision of separate lavatories labelled male and female was materially similar in terms of the extent of the provision, location, and so on, I consider there would, in principle, be scope for a strong argument that a rule or practice that permitted trans women to use the “female” lavatory but required other biological men to use the male lavatory would comprise different but not less favourable treatment on grounds of sex. However, the circumstances of the case would be decisive. (For the purposes of the EA 2010 the lavatory would be mixed-sex, but for the purposes of the Claimants’ submission in this case it would still be labelled “women”.)"

Edited

The judgement was not about " banning" anyone. It was about a clarification of the law as it was written and intended.

It was never intended that some men be permitted into 'women only' spaces and categories. That people have been falsely led to believe that they were permitted suggests that the injured party here is in fact women and girls - who have had their boundaries breached, their protections under-mined, and all under false premises.

Ereshkigalangcleg · Yesterday 12:40

He was musing about it, essentially kicking that question for someone else to deal with. He notably didn’t say the EHRC were wrong about it. I think most of us are very familiar with that judgment and the misinformation spread about it by the losing party.

Shortshriftandlethal · Yesterday 12:40

murasaki · Yesterday 12:37

None of them ever answer this.

Yes, because clarity is the enemy of trans activism.

Ereshkigalangcleg · Yesterday 12:42

He also said that women subjected to the presence of men in their female only space would potentially have a discrimination/harassment claim themselves. Men who identify as women will need to use a third space.

Ereshkigalangcleg · Yesterday 12:43

If anyone wants to tell me off for responding have at it, but I’m not going to sit here while incorrect claims and misinformation is posted.

Lacksie · Yesterday 12:43

Ereshkigalangcleg · Yesterday 12:37

It’s not “incorrect” at all, read your own quote. He said there was scope to argue it, not that it was incorrect.

Is incorrect that this is settled in law, or was what the SC determined. The judgement did not say this

where a service is stated to be for women if you include transwomen you have to make that clear. You also need to permit all men, not just those who identify as women, otherwise it is sex discrimination. What you cannot do is lie.

Ereshkigalangcleg · Yesterday 12:45

Lacksie · Yesterday 12:43

Is incorrect that this is settled in law, or was what the SC determined. The judgement did not say this

where a service is stated to be for women if you include transwomen you have to make that clear. You also need to permit all men, not just those who identify as women, otherwise it is sex discrimination. What you cannot do is lie.

Edited

The SC determined that women in single sex spaces means biologically female people of any age. There is no special allowance for some men.

murasaki · Yesterday 12:46

Go on, Lacksie, what is your motivation for allowing men into female single sex spaces?

BackToLurk · Yesterday 12:46

Lacksie · Yesterday 12:43

Is incorrect that this is settled in law, or was what the SC determined. The judgement did not say this

where a service is stated to be for women if you include transwomen you have to make that clear. You also need to permit all men, not just those who identify as women, otherwise it is sex discrimination. What you cannot do is lie.

Edited

I’d be interested in your answer to the question that others have asked. Apologies if you have already answered, but why are you putting so much energy into allow some males into female-only spaces?

Ereshkigalangcleg · Yesterday 12:47

If you are relying on the SSE it needs to be an actual single sex space. Otherwise it is potentially discriminatory to both men who cannot use it and the women for who the space was created.

Lacksie · Yesterday 12:50

Ereshkigalangcleg · Yesterday 12:45

The SC determined that women in single sex spaces means biologically female people of any age. There is no special allowance for some men.

What do you mean? I just quoted a legal decision that says it may well be lawful depending on the circumstances, to provide a service for women and trans women, excluding men. It's right there in black and white.
The SC never issued a mandate ban on trans women from women's services/ facilities. Continuing to insist that it did is simply false.

The judgement has been widely interpreted that way, in the public and policy domain, including by the EHRC, but it's not what the judgement said.

Ereshkigalangcleg · Yesterday 12:51

The Women’s Institute were threatened with court action by a man (it’s documented in threads here) who wanted to attend because he wanted to take part in some activities that he couldn’t easily do elsewhere, on specifically this basis. There were some legal letters ISTR but before the matter was explored fully the WI announced their policy change that “trans women” could no longer be members. Blaming the SC.

Lacksie · Yesterday 12:51

Shortshriftandlethal · Yesterday 12:35

I'd like to know why it is you are trying to find ways of including men ( however they 'identify) into women only/female spaces? What is the reasoning, the purpose and whose interests does it serve?

Straw man.

Ereshkigalangcleg · Yesterday 12:52

Lacksie · Yesterday 12:50

What do you mean? I just quoted a legal decision that says it may well be lawful depending on the circumstances, to provide a service for women and trans women, excluding men. It's right there in black and white.
The SC never issued a mandate ban on trans women from women's services/ facilities. Continuing to insist that it did is simply false.

The judgement has been widely interpreted that way, in the public and policy domain, including by the EHRC, but it's not what the judgement said.

It didn’t say that. Why are you making up the wording?

Ereshkigalangcleg · Yesterday 12:53

The existence of a single sex space is only possible when there are zero members of the opposite sex in it.

Shortshriftandlethal · Yesterday 12:54

Lacksie · Yesterday 12:43

Is incorrect that this is settled in law, or was what the SC determined. The judgement did not say this

where a service is stated to be for women if you include transwomen you have to make that clear. You also need to permit all men, not just those who identify as women, otherwise it is sex discrimination. What you cannot do is lie.

Edited

That was an example of the SC following the logic of permitting some men, but not others, into women only spaces. It was not meant as an opening to actually pushing for some men in women's spaces. It was showing how legally it would not be feasible. The only feasible solution would to label it 'mixed sex'.

Why would anyone want to argue for some men in women only spaces, anyway? Whose interests would that serve - and what would be the overall purpose? Might you respond to this simple question?

Ereshkigalangcleg · Yesterday 12:57

Ereshkigalangcleg · Yesterday 12:42

He also said that women subjected to the presence of men in their female only space would potentially have a discrimination/harassment claim themselves. Men who identify as women will need to use a third space.

Also

Ereshkigalangcleg · Yesterday 12:58

The Swift judgment wasn’t remotely favourable to gender identity ideologists, despite the desperate Maugham spin.

Shortshriftandlethal · Yesterday 12:58

Lacksie · Yesterday 12:51

Straw man.

What do you mean?

i'm actually interested in your response. i think everyone would be. Wouldn't it be quicker to ouline your response than to engage in deflection?

I have to assume ( in the absence of clarity) that your only possible response would reveal whose/what interests you are pushing for, and it would also reveal the negelact to even consider the established interests and protections of women and girls ( female people).