Sandie Peggie Tribunal: What Comes Next?

A Landmark Legal Case in Dundee

For the past seven months, an unassuming office building in Dundee has become the epicenter of one of the most high-profile legal cases in Britain. The case centers around a dispute between a trans doctor and a nurse, which unfolded in the changing room of a hospital in Fife. This employment tribunal has drawn significant attention, with evidence presented over 20 days, involving more than 15 witnesses and costing hundreds of thousands of pounds.

The case has captured the interest of people across the country and even internationally. Now that all the evidence has been heard, the next step is to determine when a verdict will be reached. The tribunal is scheduled to resume on 1 September for two days of oral submissions, where both sides will present their arguments. Following this, the three-member panel will deliberate and issue a written ruling, a process that could take several months.

Graham Mitchell, a partner at Clyde & Co, explained that while eight weeks used to be the standard for such decisions, this case is expected to take longer. He emphasized that the findings of facts will be final, and any subsequent appeal would involve a thorough examination of the evidence and legal application. Judges will aim for accuracy, ensuring the decision is spot-on.

How the Employment Tribunal Decision Is Reached

The panel’s verdict will be determined by a simple majority, with no additional voting power given to judge Sandy Kemp. The ruling could favor one side fully or partially, potentially leading to various legal remedies for the losing party. If Ms. Peggie wins, the main remedy sought would likely be compensation for injury to feelings, determined using the Vento Bands guidelines. These range from £1,200 for less serious cases to £60,700 for the most severe, with exceptions for “exceptional cases.”

Compensation may be paid by either Dr. Upton or NHS Fife, though it is more likely that the health board would bear the cost. Mr. Mitchell noted that expenses are rarely awarded against the losing party unless specific conditions are met, such as acting vexatiously or unreasonably during proceedings.

What Is the Case About?

Sandie Peggie, a nurse with 30 years of experience in the NHS, brought the case after she was suspended for complaining about a trans woman using the female changing rooms in a Kirkcaldy hospital’s A&E department. She alleged that Dr. Beth Upton, who identifies as a woman but is biologically male, undressed in front of her on Christmas Eve 2023. Their exchange of words was disputed throughout the tribunal.

Ms. Peggie admitted to calling Dr. Upton a man, acknowledging that this could be considered harassment under NHS Fife’s diversity and equality guidance. In response, Dr. Upton filed a complaint of bullying and harassment, leading to Ms. Peggie’s suspension in January 2024. She claimed this led to further harassment and took legal action against the health board and Dr. Upton under the Equality Act 2010.

Dr. Upton’s legal team cited previous incidents involving Ms. Peggie, including allegations of leaving a patient in a cubicle due to her presence. These claims were denied by the nurse, who rejected the notion of a “vindictive campaign” against the doctor.

The Role of the Supreme Court Ruling

The case occurred before the UK Supreme Court ruled that a woman is defined by biological sex under equalities law. However, the impact of this ruling on the tribunal remains uncertain, as NHS Fife’s guidance at the time allowed trans individuals to use changing rooms aligned with their gender identity.

Various groups, including women’s rights campaigners and transgender advocacy organizations, have followed the case closely, highlighting the broader implications of the debate surrounding transgender rights.

Disciplinary Proceedings and Financial Implications

Ms. Peggie was cleared of gross misconduct following disciplinary proceedings by NHS Fife, announced on 16 July, the same day the tribunal resumed after a five-month pause. The internal hearing found insufficient evidence to support a misconduct finding, and no formal sanctions were imposed. Instead, a facilitated reflective practice discussion was deemed appropriate.

NHS Fife spent nearly £220,500 defending itself in the case, with the Scottish government covering costs above the £25,000 threshold. It is unclear who is financially supporting Ms. Peggie’s case, as a question regarding her backers was withdrawn due to privilege laws.

The case continues to draw attention, reflecting the complex intersection of personal rights, workplace policies, and societal debates on gender identity.