Why there won't be a Sandie Peggie judgment anytime soon
In fact, do not expect a judgment for months yet.
Ms Peggie is suing her employer and Dr Beth Upton after she complained about having to share a changing room with the transgender medic at Victoria Hospital, Kirkcaldy, on Christmas Eve 2023.
The nurse was placed on special leave after Dr Upton made an allegation bullying, harassment and patient safety concerns.
Ms Peggie was cleared of all gross misconduct allegations against her after NHS Fife's investigation found "insufficient evidence".
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However, the legal case continued with senior medics, nurses and digital forensic experts giving evidence.
But where do we go from here?
Next steps
Evidence concluded on Tuesday, July 29, with both Naomi Cunningham, acting on behalf of claimant Ms Peggie, and Jane Russell KC, for NHS Fife, closing their cases.
Employment Judge Sandy Kemp told the tribunal that written submissions - either partial or submission - needed to be submitted by noon on Tuesday.
A skeleton argument in the legal context is a concise written outline of a legal team's argument. It serves as a roadmap for the judge and outlines the main issues at hand.
Supplementary submissions can then be submitted up to August 25. This is additional information or documents that backs up the original legal argument.
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Dates are already in the diary for September 1 and 2. Both legal teams will return to the tribunal in Dundee to provide oral submissions.
This is when the public will get to hear how the legal teams sum up their case and we'll get a sense of how strong the arguments are.
Both Ms Cunningham and Ms Russell KC agreed to appear in person, not by video link.
That then leaves a period of uncertainty.
It is for the Employment Judge to go away and consider all of the evidence and written and oral submissions.
Judgements can be handed down on the day but do not expect that in this instance.
This employment tribunal has been extremely complex with thousands of pages of evidence to consider.
Employment lawyers have told The Herald it is therefore likely a period of "avizandum" will follow.
In Scots Law, this is when a judge decides to take time for private consideration before delivering a judgment.
Realistically, we are looking at a minimum of six to eight weeks. But do not be surprised if this takes longer.
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Anas Sarwar says racist posts in Sandie Peggie tribunal case are 'horrific'
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The Herald Scotland
2 hours ago
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Sandie Peggie compensation demands for NHS Fife revealed
While working at Victoria Hospital in Kirkcaldy, Ms Peggie objected to the trans medic's use of the female changing room. She also made reference to the situation being similar to men using the female prison estate, with Dr Upton lodging a formal complaint. The nurse was placed on special leave in December 2023 and suspended in January 2024. Two patient safety concerns were then raised. Read more: Ms Peggie learned she had been cleared of all misconduct allegations on July 15, the eve of the tribunal resuming and 18 months after the changing room dispute. It is understood the nurse is seeking compensation from Dr Upton and NHS Fife if she wins the tribunal, according to The Courier newspaper. She is seeking a pay out from both for "unlawful discrimination", "harassment", and "hurt feelings". The newspaper also revealed that Ms Peggie wants an additional 25% compensation from NHS Fife due to an "unreasonable delay" to the health board's delay to its internal investigation into her conduct. The demands were set out in May 2024 and include a "protected disclosure detriment" declaration from both respondents. The nurse may also ask for a specific policy update from NHS on the protection of single-sex spaces, with ramifications for the health service across the country. Evidence from NHS Fife's equality and human rights lead Isla Bumba told the tribunal that a Scotland-wide NHS policy was "soft launched" in October 2024. Read more: That policy, only released to the public under Freedom of Information legislation, states that denying a trans person the right to use their preferred facilities could be "unlawful discrimination". It adds that trans individuals do not require a gender recognition certificate and "should not routinely be asked to produce it as evidence of their legal gender". However the nationwide guidance on transgender staff inclusion was quietly pulled in February as a result of the ongoing employment tribunal. NHS Fife did not have its own specific transgender workplace policies, with Ms Bumba telling the tribunal she relied on the guidance of other health boards. She then told senior staff at NHS Fife that it could be "deemed discriminatory" not to allow a trans person access to facilities that "align with their gender". She recommended that line managers had a conversation with Dr Upton on where they were most comfortable. That conversation did take place, with Dr Upton advising they had used female changing rooms before and were therefore comfortable to continue. The tribunal heard, however, that female staff using the emergency department locker room were not informed or asked whether they were comfortable sharing facilities with a transgender person. The tribunal also heard that NHS Fife's equality and human rights lead had not consulted the Workplace (Health, Safety and Welfare) Regulations 1992, which states that changing facilities will not be suitable "unless the include separate facilities for or separate facilities by, men and women where necessary for reasons of propriety". However, a verdict is not expected anytime soon. Both legal teams return to the Dundee Tribunal Hearing Centre on September 1 and 2, where they will set out their oral submissions. From there, it is for Employment Judge Sandy Kemp to decide when to give his judgment. It is highly unlikely he will hand down his judgment on the day and instead is expected to consider the case in avizandum - a period of private consideration. Similar cases where this has been used - including the Scottish Government's 2023 challenge of the gender reform block - took months. In that case, judgment may not be made until December.
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JK Rowling slams ‘hapless' NHS bosses who suspended nurse for complaining about trans doc using female changing rooms
Click to share on X/Twitter (Opens in new window) Click to share on Facebook (Opens in new window) AUTHOR JK Rowling has slammed "hapless" NHS bosses for suspending a nurse who challenged a trans doctor in the female changing rooms. Sandie Peggie was suspended after she objected to sharing a changing room with Dr Beth Upton - a biological male - at the NHS Fife hospital where they both worked in Scotland. Sign up for Scottish Sun newsletter Sign up 4 JK Rowling has slammed NHS bosses for their 'hapless and unprofessional' behaviour Credit: twitter/jkrowling 4 Sandie was suspended from work in January 2024 Credit: Iain Masterton 4 Dr Upton - a biological male - made an allegation of bullying and harassment Credit: Alamy Sandie was suspended from work at the Victoria Hospital in Kirkcaldy, Fife, in January last year after Dr Upton made an allegation of bullying and harassment. But she was cleared of allegations of misconduct, failures of patient care and misgendering the doctor in an internal disciplinary hearing. The Harry Potter writer, 59, also took aim at former Scottish First Minister Nicola Sturgeon, suggesting the "unprofessional" behaviour of NHS Fife was a direct result of her legacy. Writing on social media, Rowling fumed: "This is Nicola Sturgeon's legacy. "... a government that publicly backs the hapless, unprofessional, ideologically captured health board that's persecuting a nurse for asserting her legal right to a single-sex changing room." Ms Peggie's solicitor Margaret Gribbon said that the nurse - who has worked at the health board for 30 years - was "relieved and delighted" after being cleared of the allegations. In a statement, Ms Gribbon said: "On Tuesday 14 July, the evening before the resuming of her tribunal, Sandie Peggie received confirmation from Fife Health Board that following a disciplinary hearing, none of the gross misconduct allegations against her were upheld. "This follows a disciplinary hearing on 25 June, which considered four gross misconduct allegations: two relating to patient care failures, one of 'misgendering' Dr Upton, and one relating to her encounter with Dr Upton in the workplace female-only changing room on Christmas Eve 2023. "Sandie is relieved and delighted that this 18-month-long internal process has concluded and cleared her of all allegations." It comes as an employment tribunal brought by Ms Peggie against the health board is set to resume this week. JK Rowling has been a prominent women's rights campaigner and has often been vocal on what she calls "sex-based rights" for several years. The writer praised BBC newsreader Martine Croxall last month after she refused to say "pregnant people" on air. Gender row nurse cleared of gross misconduct She joked she had a "new favourite BBC presenter" after Martine overruled her autocue which referred to "pregnant people" being at risk during the recent hot weather. Rowling has come under fire for comments made in the past towards trans people. In 2020, the esteemed author slammed the growing trend of replacing "biological sex" with "gender identity". Her stance, that declared "sex is real", led to death threats, but also moulded her into a figurehead for the "gender-critical" movement. Activists accused her of transphobia in 2020 when replying to an article with the headline: "Opinion: Creating a more equal post Covid-19 world for people who menstruate." She tweeted: "'People who menstruate'. I'm sure there used to be a word for those people. "Someone help me out. Wumben? Wimpund? Woomud?" Her remarks led to criticism from Potter actors Daniel Radcliffe, Emma Watson, Rupert Grint, who ignored the fact her books had made them famous to launch a string of attacks. It was Rowling's beloved group For Women Scotland which also launched a long-running legal battle with the Scottish government over how a "woman" was defined in Scottish law. The Scottish government had argued people with gender recognition certificates (GRCs) should be protected from sex-based discrimination, meaning a transwoman would be considered a woman. However, campaign group For Women Scotland claimed this only applied to people born as a female. In April, the Supreme Court's landmark judgement ruled that it was unanimously determined "sex is binary" and that female-only spaces must be protected on the basis of biology.
