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Feminism: Sex and gender discussions

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

565 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
Peregrina · 02/10/2026 15:03

I don't think it should be left uncorrected here as it contributes to widespread misinformation about the law.

Where were you when Stonewall was telling us all what the law was - or in practice, what they thought the law should be?

Ereshkigalangcleg · 02/10/2026 15:06

Peregrina · 02/10/2026 15:03

I don't think it should be left uncorrected here as it contributes to widespread misinformation about the law.

Where were you when Stonewall was telling us all what the law was - or in practice, what they thought the law should be?

It’s just a pure DARVO. I said that first.

MrPrettyDamnCosmic · 02/10/2026 15:11

Lacksie · 02/10/2026 14:40

Those passages concern whether trans-inclusive toilets fulfil an employer’s obligations under the Workplace Regulations. The judge rejects the argument that merely labelling a mixed-sex facility “women” satisfies those requirements.

Paragraph 61 addresses a different question: whether admitting trans women while directing other men to materially similar male toilets necessarily amounts to unlawful sex discrimination under the Equality Act. He recognises that it may not.

He does not subsequently dismiss that possibility. Paragraph 99 expressly confirms that trans-inclusive toilets could comply with the Equality Act.

The additional workplace requirements limit how employers can implement that arrangement specifically in the workplace. They do not turn paragraph 61 into a rejected hypothetical (dismissed 'what if') or establish a blanket prohibition of trans women from women's facilities/ services.

Edited

You are deliberately derailing this thread when you know that a specific thread has been created for discussion of the Supreme Court ruling. I have reported your post.

BackToLurk · 02/10/2026 15:14

BlueLegume · 02/10/2026 14:51

@Lacksie can we please respect @nauticant thread about Sandie Peggie? Several people suggested you start a thread dedicated to discussing the SC ruling. You didn’t so I have and it is here. I do feel at the end of the SP tribunal week you trying to re invent the wheel by challenging the clear SC ruling is a tad disrespectful. Looking forward to seeing you here https://www.mumsnet.com/talk/womens_rights/5584765-interpretation-of-the-supreme-court-ruling-biological-sex

Quite shocked that @Lacksie is having a problem with respecting boundaries and using the correct space.

Lougle · 02/10/2026 15:21

I wonder what the work atmosphere is at the RCN today. I hope that whatever the outcome of the tribunal, it has an impact on their working practices.

solerolover · 02/10/2026 15:22

I'm just catching up, thank you for posting this. I haven't been able to follow this tribunal that closely, so Nick's summaries are always extremely informative.

BlueLegume · 02/10/2026 15:25

BackToLurk · 02/10/2026 15:14

Quite shocked that @Lacksie is having a problem with respecting boundaries and using the correct space.

Quite. I think I was reasonable in my suggestion.

Mmmnotsure · 02/10/2026 15:25

BackToLurk · 02/10/2026 15:14

Quite shocked that @Lacksie is having a problem with respecting boundaries and using the correct space.

Really?
I’m not shocked at all. Neither am I surprised.

I was thinking about Naomi and the message she is giving which that there is an off ramp. It’s clever. It’s basically saying to the captured people at the captured unions and other organisations that they have a way out. Stonewall lied to them and misrepresented the law. Many other organisations and “trainers“ are still doing so. Not necessarily your fault - you took it in good faith.

Although it will be on you now, if you carry on.

Ereshkigalangcleg · 02/10/2026 15:25

Yes I agree, Nick’s summaries are brilliant. I was thinking to send all of them to someone not familiar with the case, as they are quite accessible but still pretty jaw dropping in places. I hope he’s started writing the book that will become a hit TV series.

Lacksie · 02/10/2026 15:31

Peregrina · 02/10/2026 15:00

Sorry but I think it's (well more than) a tad unreasonable that other people should respond to my posts with factually incorrect legal information, and then I should be told off for correcting them.

But you fail to be convincing. I asked you whether you knew more than the Supreme Court judges. If you had been able to come back and say that yes, you'd been a senior judge for xx years and had you been sitting with the Supreme court panel, you might have dissented from their judgement.

As it stands you just come across as a back room lawyer - someone who might have read a law book or two, but doesn't really know.

I'm not trying to convince you of my legal credentials, I'm just sharing factually accurate information about what the courts have said in their judgements- along with the relevant citations. Welcome to read or not!
It's very relevant to have an accurate understanding for following SP's tribunals I think.

ickky · 02/10/2026 15:37

STOP RESPONDING. IT IS NOT DIFFICULT.

Stop It Neil Patrick Harris GIF
PachacutisBadAuntie · 02/10/2026 15:38

Ereshkigalangcleg · 02/10/2026 15:25

Yes I agree, Nick’s summaries are brilliant. I was thinking to send all of them to someone not familiar with the case, as they are quite accessible but still pretty jaw dropping in places. I hope he’s started writing the book that will become a hit TV series.

They're all nicely presented on his blog, a book leading to a TV series would be a treat
genderblog.net/author/nwallis/

Justabaker · 02/10/2026 15:39

Lougle · 02/10/2026 15:21

I wonder what the work atmosphere is at the RCN today. I hope that whatever the outcome of the tribunal, it has an impact on their working practices.

Do you think they took the flag down?

ProudWomanXX · 02/10/2026 15:42

Justabaker · 02/10/2026 15:39

Do you think they took the flag down?

No chance!

Kirschcherries · 02/10/2026 15:45

Ereshkigalangcleg · 02/10/2026 15:25

Yes I agree, Nick’s summaries are brilliant. I was thinking to send all of them to someone not familiar with the case, as they are quite accessible but still pretty jaw dropping in places. I hope he’s started writing the book that will become a hit TV series.

I think Nick has a book about the Post Office scandal coming out soon.

He does seem to take a really in depth approach to miscarriages of justice and follow them through. I definitely think a book on this subject may result from his hard work.

Lacksie · 02/10/2026 15:49

ProudWomanXX · 02/10/2026 15:42

No chance!

🙏🏻

anyolddinosaur · 02/10/2026 16:03

Anyone able to take a look? 20 Cavendish Square, London, just out the back of John Lewis. It's been there since May and I guess unless someone follows up on the lack of planning permission they wont take it down.

Ereshkigalangcleg · 02/10/2026 16:06

The flag? It’s bizarre.

Mollyollydolly · 02/10/2026 16:08

Thank you for Nicks latest. I must say he's been absolutely brilliant this week.

MyAmpleSheep · 02/10/2026 16:15

ProudWomanXX · 02/10/2026 15:42

No chance!

If they took the flag down, it would be proof of their hidden transphobia finally being revealed.

Cough cough.

PachacutisBadAuntie · 02/10/2026 16:24

Justabaker · 02/10/2026 15:39

Do you think they took the flag down?

Surely they will have replaced it with a suffragette flag by now?

Govern Womens Rights GIF by INTO ACTION
Peregrina · 02/10/2026 16:33

Do you think Ms Marquis will be suffering a pile on from the TRAs? Finally getting a taste of the same medicine as Sandie Peggie?

HelpMeINeedWine · 02/10/2026 16:33

NebulousSupportPostcard · 02/10/2026 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."

Ooh, I've got a pre-op round the corner from there next week. Will try and pop a card through the door for Jennifer Melle.

Londonmummy66 · 02/10/2026 16:34

I've been reading the threads on this tribunal but as someone involved is a close friend of a close friend didn't want to say anything at the time in case I said something I shouldn't but I am very grateful to the C&P team (plus TT and NW).

I was amused that the present interruptatron told our learned prh47bridge to "Think about it" and was not disappointed to read the succinct replies that demonstrated that he already had.....

For me the really hard bit was the treatment of JM but I think that the lack of support for her is so compelling - here was a nurse having a private conversation with a doctor about a urology case where the sex of the patient was essential who was then horribly abused with the n word and other filth and two officers were required to restrain her and yet the RCN dragged its heels and told her to reflect on her values. DH's only option really was to try and depict her as an over emotional hyperbolic and unreliable witness as the facts of her situation are so shocking. I will be writing to her as she has been so brave to put herself through this and her cross and DH's subs were pretty awful to read.