Latest news with #employmenttribunal
Times
8 hours ago
- Health
- Times
NHS Fife ‘undermined Supreme Court ruling' in Sandie Peggie tribunal
The health board at the centre of a landmark employment tribunal has been accused of undermining a Supreme Court ruling by claiming a trans doctor is not a man. Sandie Peggie, a nurse, is suing NHS Fife and her colleague Beth Upton for unlawful discrimination after having to share a single-sex changing room with the doctor. At the hearing, Jane Russell KC, the barrister for NHS Fife and Upton, has repeatedly questioned the meaning of the Supreme Court ruling on April 16 on the legal definition of 'sex'. For Women Scotland, the campaign group responsible for the judgment, has told the Dundee employment tribunal that it is 'concerned' about Russell's comments. The group has requested permission to intervene in the tribunal and has been told neither Peggie's legal team nor the lawyers for NHS Fife and Upton object. In a letter to the hearing, For Women Scotland listed three exchanges between Russell and Naomi Cunningham, Peggie's barrister. In one, Russell stated the Supreme Court judgment was an abstract case regarding representation on public boards in Scotland and did not concern lavatories. On July 23, Cunningham referred to Upton as a 'man' saying the doctor was a trans woman and trans women are men. 'Legally speaking, a trans woman is a man, so there was a man in the women's changing room,' she said. In response, Russell said she did not agree with that interpretation of the judgment, calling it a 'contentious matter' and a 'point in dispute'. Finally, on July 24, Russell said: 'Dr Upton is not a man. For Women Scotland doesn't say so.' The gender-critical group's letter to the tribunal judge said the first exchange was not 'factually correct', adding: 'We are surprised there was no correction by the tribunal.' The submission added: 'In the second and third exchanges, Ms Cunningham was factually correct in her statement that Dr Upton is a man under the Equality Act, in accordance with the For Women Scotland ruling by the UK Supreme Court. 'This should not be a point in dispute by the court, nor regarded as contentious or a hypothesis to be tested.' The letter went on: 'We are concerned about two things, firstly that closing submissions may attempt to re-litigate our case and debate the definitions of 'sex', 'woman' and 'man' in the Equality Act, when these are settled matters in law. 'And secondly, that if the tribunal does not make it clear to the parties (and the viewing public) that 'what exactly For Women Scotland says' is in fact clear and settled law and not 'contentious', 'a hypothesis' or 'in dispute' then it may render the judgment open to appeal on any point where Dr Upton's sex is relevant.' Peggie is seeking financial compensation for 'harassment' and 'hurt feelings' from both Upton and NHS Fife. Her case includes a request for an extra 25 per cent compensation from the health board because of an 'unreasonable delay' in its investigation into her conduct. The nurse, who has more than 30 years service, was suspended in connection to allegations of gross misconduct. She was cleared of the charges after an internal hearing on June 25, 18 months after an incident with Upton that prompted the dispute. The pair had both been in the women's changing room at Victoria Hospital, in Fife, on Christmas Eve 2023. Peggie and Upton exchanged words with the nurse uncomfortable at having to share the women's changing facilities with a biological male. She was placed on special leave then suspended after the incident. If the employment judge finds that Peggie was discriminated against by the health board, she is also requesting a 'protected disclosure detriment' from both respondents. Peggie is not, however, entitled to loss of earnings as she is still employed by NHS Fife. After a protracted dispute under freedom of information legislation, the health board was pushed to disclose the cost so far of the tribunal proceedings after a rebuke from the Scottish information commissioner. As of Wednesday, the tribunal has cost more than £258,000, although NHS Fife said it would only pay a maximum of £25,000. The rest is covered by insurance designed to protect health boards from significant financial losses. Costs are expected to have increased significantly during the second round of evidence hearings, which ran from July 16 to July 29. Earlier this week Peggie was recalled to give further evidence in her defence after allegations of racism and Islamophobia from colleagues who claimed she used offensive language. The nurse blamed her upbringing for the use of racial slurs, saying it had not been 'politically correct'. Peggie also named 13 colleagues who she claimed also opposed Upton using the women's changing room. Evidence hearings have now concluded and a verdict is not expected until at least December.
BBC News
21 hours ago
- BBC News
What next for the Sandie Peggie employment tribunal?
For the past seven months a nondescript office building somewhere in Dundee has been the unlikely setting for one of the most high-profile legal cases in Britain.A clash between a trans doctor and a nurse in the changing room of a hospital in Fife has been played out and examined in great detail during an employment tribunal which has taken evidence across 20 than 15 witnesses have been called, and hundreds of thousands of pounds spent on the legal the people involved, the tribunal was always going to be important, but levels of interest across the country and even around the world have been all the evidence is completed. What next? When will there be a verdict in the Sandie Peggie tribunal? The tribunal will resume on 1 September, for two days of oral submissions summarising both sides of the three person panel will then take time to consider a written ruling - a process that could take some Mitchell, a partner with the employment, pensions and immigration team of law firm Clyde & Co, told BBC Scotland News a decision would likely take months to reach. He said: "Eight weeks used to be the guideline for a decision, but there is no way a decision will be made within weeks – this will take months. "Whatever happens next, the findings of facts will be set in stone. Any appeal afterwards, which could in theory go all the way up to the Supreme Court, will involve poring over not just the facts, but also the way they have been expressed and if the law has been applied to the facts. "Any judge will want to get the decision spot-on." How is the employment tribunal decision reached? The panel's verdict will be reached via a plain majority, and judge Sandy Kemp has no extra privileges for his vote in the matter. Any ruling could either be fully or partly in favour of one side in the case, with a number of possible legal remedies for the losing party, from paying compensation to covering witness expenses. Should Ms Peggie win, the main remedy sought would likely be for injury to feelings - a specific remedy with guidelines known as the Vento Bands used to determine compensation start at £1,200 for less serious cases and rise to £60,700 for the most serious - but even those can be exceeded for "exceptional cases." Potentially both Dr Upton and NHS Fife could pay compensation if the ruling is in favour of Ms Peggie, though employment lawyer Mr Mitchell believed it would be more likely just the health board also said it was "relatively rare" for expenses to be awarded against the losing party and only if certain tests are met - relating to whether a party "acted vexatiously, abusively, disruptively or otherwise unreasonably" during test applied would be if any claim had "no reasonable prospect of success". He said other cases - such as the Supreme Court ruling on gender - should not be expected to impact the tribunal ruling."The Supreme Court is another case, in another scenario entirely. People are thinking this decision will affect everyone, but what is found to have happened in these alleged incidents – they are only relevant to this case. "The judge has to rule on the balance of probabilities about what happened." What is the case about? The employment tribunal case was brought by Sandie Peggie, a nurse who has worked for the NHS for 30 was suspended after she complained about a trans woman using the female changing rooms in a Kirkcaldy hospital's A&E department. She claimed Dr Beth Upton, who is biologically male but now identifies as a woman, started to undress in front of her when they were alone in the room on Christmas Eve duo exchanged words, the content of which was disputed throughout the her evidence, Ms Peggie confirmed she called Dr Upton a man and said she believed the medic was a biological acknowledged that this would be considered harassment under NHS Fife's diversity and equality the incident Dr Upton made an allegation of bullying and harassment against the nurse, and Ms Peggie was suspended, pending an investigation, in January 2024. Ms Peggie claimed her experiences after the incident amounted to harassment and took legal action against the health board and Dr Upton, citing the Equality Act 2010. Dr Upton claimed to have previously witnessed other examples of Ms Peggie's behaviour before the Christmas Eve incident, including leaving a patient in a cubicle due to Dr Upton's presence - something vehemently denied by the Upton's legal team suggested these alleged other incidents pointed to bullying behaviour by Ms Peggie, who denied she had waged a "vindictive campaign" against the tribunal also heard hours of evidence about how NHS Fife carried out its investigation, with Ms Peggie's legal team attempting to show it was mishandled.A number of other medics gave evidence regarding whether confidentiality was broken by emails sent among staff discussing the case - including to possible witnesses to the internal back at the evidence which come before the tribunalThe incidents alleged by Dr Upton happened before the UK Supreme Court unanimously ruled that a woman is defined by biological sex under equalities the Supreme Court ruling affects the tribunal's findings is uncertain, as NHS guidance at the time of the complaint was that trans men and women were allowed to use the changing rooms that aligned with their gender on both sides of the transgender debate - a heated issue that dominates social media platforms - have been drawn to the tribunal, including women's rights campaigners Sex Matters and the charity Scottish Trans. What happened with NHS Fife's disciplinary proceedings? Ms Peggie was cleared of gross misconduct following disciplinary proceedings by NHS Fife - a decision announced on 16 July, the same day the tribunal resumed after a five month pause in nurse had faced allegations of misconduct, failures of patient care and misgendering Dr Fife said an internal hearing found there was "insufficient evidence to support a finding of misconduct".NHS Fife confirmed no formal sanction had been imposed on the nurse and that the review panel decided a "facilitated reflective practice discussion" would be appropriate. Timeline of the Sandie Peggie tribunal How much has the tribunal cost? It was revealed earlier this year NHS Fife had spent nearly £220,500 defending itself - a number that will have escalated following the second round of evidence in Fife is only liable for the first £25,000 of the litigation costs, with the remaining money paid by a scheme set up to protect health the Clinical Negligence and Other Risks Indemnity Scheme, the Scottish government's health and social care directorate is initially responsible for costs above the £25,000 money is then recouped from member bodies in their annual contributions to the scheme which aims to ensure frontline clinical services are not is not known who is financially supporting Ms Peggie's case.A question by NHS Fife's legal team asking who is backing her was withdrawn, as it breached privilege laws.
Telegraph
21 hours ago
- Politics
- Telegraph
Prison guard harassed over family links to the IRA wins racism case
A Northern Irish prison officer won a race and religious discrimination case after his boss harassed him over familial links to the IRA. Sean Gough, who worked as a senior guard at HMP Bedford, was sent 'inflammatory' texts by Governor Adam Megicks about his ties to the terrorist organisation, a tribunal heard. The employment tribunal in Reading also ruled he was unfairly dismissed over an incident with a prisoner in which the guard had to use force. Mr Gough joined HMP Bedford in 2016, with Gov Megicks being Head of Residence at the time, with the tribunal being told there was 'friction' between the pair which 'stemmed from Mr Gough's Northern Irish background and familial links to the IRA' as his uncle was a member. Mr Gough said he became 'the subject of bullying of a racial, religious and cultural nature '. He added that Gov Megicks 'was extremely interested in British military and loved to ask questions and talk about it. He was fascinated by my family's background.' Culturally 'humiliated' It was heard that in the Spring of 2021, Gov Megicks sent a 'racist and inflammatory' video to Mr Gough 'linking him to the IRA'. The video contained footage showing Mr Gough's uncle being shot and killed during the Troubles. In his grievance, Mr Gough also said he had been 'humiliated' by Gov Megicks at a formal probation interview in December 2020. The tribunal heard: 'I was humiliated for my culture, language and race when asked by Governor Megicks to say motorcycle helmet in an Irish accent during the interview.' Gross misconduct investigation In July 2021, it was heard Mr McGough had to use force to grab hold of a prisoner, an incident that led to him being sacked. Bosses at HMP Bedford subjected him to gross misconduct proceedings, claiming he 'rugby tackled' a prisoner when he tried to climb up onto some netting after hearing him suggesting he was going to kill himself. A few weeks before the incident the prisoner raised alarm as he had made a noose in his cell, and the day before the incident the inmate staged a protest at height. Mr Gough raised his grievance while he was being investigated for gross misconduct but he was sacked in November 2021. The tribunal found that the sacking was too harsh and that Mr Gough had a 'genuine concern' for the prisoner's safety. It was also found that Gov Megicks harassed him by encouraging him to resign during the investigation and previously harassed him by not giving him a promotion. Employment Judge Naomi Shastri-Hurst said: 'Given the subject matter of the video, namely [his] uncle who was in the IRA, we are satisfied that the sending of the message is related to race and religion, that being Northern Irish Catholicism. 'To be sent a video of one's uncle being shot would inevitably and objectively create a hostile and offensive environment. It is thought that compensation will be determined at a later date.
The Guardian
2 days ago
- Health
- The Guardian
NHS tribunal involving nurse in trans changing room row adjourns until September
The employment tribunal brought by a NHS Fife nurse who objected to sharing a changing room alongside a transgender woman doctor has adjourned ahead of closing submissions to be heard in September. Sandie Peggie, who has worked as a nurse for more than 30 years, claimed she was subject to unlawful harassment under the Equality Act when she was expected to share a changing room with a trans woman, Dr Beth Upton. The tribunal heard a further two weeks of witness evidence concluding on Tuesday. It is being watched closely for how it may be influenced by April's landmark judgment by the supreme court, which ruled the legal definition of a woman in the Equality Act 2010 did not include transgender women who held gender recognition certificates. The ruling has since been publicly welcomed by Peggie and her supporters. In earlier evidence, Peggie said she had felt 'embarrassed and intimidated' when Upton started to get changed alongside her, leading to a heated exchange on Christmas Eve in 2023, the details of which are disputed. NHS Fife has previously described Peggie's action as 'unnecessary and vexatious'. Upton is also disputing it. Recalled to give evidence a second time on Tuesday, Peggie told her lawyer Naomi Cunningham, that a number of other women shared her concerns about Upton but were reluctant to come forward because of the 'very toxic' situation with the health board. She named 13 NHS Fife workers including receptionists and a consultant who agreed that a transgender woman should not be using the women's changing rooms. Peggie was also questioned about allegations made by colleagues who previously gave evidence that she used racist slurs in chat messages and described Upton as a 'weirdo'. Defending comments about flooding in Pakistan as 'dark humour', she also admitted she had used racial slurs but said she was 'brought up like that', and said it was not a 'politically correct way'. She said when she asked for a photograph of Upton and used the phrase 'that weirdo', it was a picture from a night out 'where he looked like a man in a dress'. Under questioning by Jane Russell KC, representing Upton and NHS Fife, she denied 'waging a hate campaign against Dr Upton'. Peggie told the tribunal: 'I don't have any bad feelings about trans people, I just don't believe they should be in the women's changing room. I still believe a trans woman is a man and shouldn't be in the female changing room.' Peggie was suspended after she complained about having to share a changing room with Upton at the hospital on Christmas Eve in 2023 and was then placed on special leave and later suspended after Upton made an allegation of bullying and harassment and cited concerns about 'patient care'. At the start of the second evidence hearing, NHS Fife confirmed Peggie had been cleared of the separate gross misconduct allegations after a 18-month internal process. Earlier in evidence, Gillian Malone, the head of nursing at NHS Fife told the tribunal she could not recall seeing the risk assessment which led to Peggie's suspension . Last week, the two senior lawyers clashed after Russell argued that Peggie's legal team were 'confusing' those giving evidence by referring to the doctor as 'he' and 'him' and 'creating a hostile environment for my witnesses'. In January, the employment judge Sandy Kemp rejected an NHS Fife request to impose an order preventing the use of male pronouns or terms to refer to Upton, concluding it was 'unfair' to ask Peggie and her lawyers to use terms they consider 'inaccurate'.
Telegraph
2 days ago
- Business
- Telegraph
Britain's something for nothing culture is spiralling out of control
It would work out at an extra £5,500 a day, generous even by the standards of the City. Matthew Colliander-Smith has taken Veritas Asset Management to an employment tribunal because his bonus for the year was only a measly £10,000, even though he was only able to work for 18 days because he was off sick with long Covid. Instead, he reckons he should have been given £100,000. We will of course see what the tribunal decides, and it would not be appropriate to comment either way and pre-judge the rights and wrongs of the case. Perhaps Colliander-Smith is justified in his particular claim; perhaps he isn't. Even so, there is surely a bigger point here than one bonus. Encouraged by an activist judiciary and a Government determined to increase the rights of workers, Britain's 'something for nothing' culture is spiralling out of control – and that is crippling the economy. Cases such as this one may be just the tip of a very large, and treacherous, iceberg. Britain has developed a troubling culture of entitlement that seems to be escalating. We can see that in the rising number of employment tribunal cases. In the latest year for which we have figures, there was a 23 per cent increase in both single and multiple claims; 42,000 single claims have been lodged over the last twelve months. Many more, of course, will have been resolved before they get that far; most businesses, and especially their insurers, will settle for a few thousand instead of risking the legal fees of going to a hearing. Lawyers and trade unions are encouraging embittered staff to try their luck. And many Left-leaning judges are finding in favour of the claimant, no matter how ludicrous the complaint might be. It is only going to get worse over the coming year, with Angela Rayner's huge extension of workers rights. Very soon you will be able to sue your employer after the first morning. But we see this culture elsewhere as well. Productivity is collapsing in the public sector, despite huge increases in spending, and yet the unions insist that working from home is sacrosanct. Local councils, meanwhile, are still pushing forward with four-day weeks with no loss of pay. Britain's six million 'public servants' now think they are entitled to more for less. The 'sickfluencers' on You Tube and TikTok are minting fortunes for themselves by encouraging people to game a welfare system that will cost close to £400 billion a year by the end of the decade. Add it all up and one point is clear: we have developed a culture in which getting something for nothing is not only tolerated but increasingly encouraged. The trouble with this is that it is bankrupting the country. Growth has already stagnated, and we may very soon be in an outright recession. The tax burden has already hit a 70-year high, but will inevitably go up again in the autumn. National debt as a share of GDP is close to 100 per cent. Britain is well on its way to becoming a second-world country, and ultimately the only way to fix that will be for everyone to work harder.
