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Sep 2

This is the second afternoon session of Sandie Peggie v NHS Fife and Dr Upton.

J JR -to start with FWS, what do you say is impact of that case on our case - [sections]

J To summarise C conclusion - say can only read act construed by FWS can only use sss if aligned with that sex.
JR Impact on FWS on this case - Du couldn't bring sex discrimination case being

excluded from W CR but could bring GR claim.
J NC said not discrimination on sex
JR More likely a indirect discrimination case
JR Would need to be element of proportionality.
J you say nay or nay depending on evidence. NC says needs to keep sss to bio sex of those concerned

Read 25 tweets

Tribunal Tweets

@tribunaltweets

Sep 2

We return for first afternoon session in Peggie vs NHS Fife & Dr Upton. Our previous coverage is here.
open.substack.com/pub/tribunaltw…

Judge and Panel have returned, we are waiting for NC to return.

NC returns.
NC - I do apologise. I misremembered 1:30. What I wanted to come back to you on after lunch is the simple question of timing. SP is off work with stress, this application has caused her further stress and anxiety and she was in tears today because of the prospect

Read 61 tweets

Tribunal Tweets

@tribunaltweets

Sep 2

This is the third morning session of Sandie Peggie vs NHS Fife and Dr Upton.

J and Panel have returned.
We are not in a position to reach a decision, I need time to read the cases referred to and other relevant case. We will need to think about it and come back to you.
Subject to all that, we are going to continue with our questions. We can do that now

or take an early break.
NC - my pref for an early break. Can I clarify the timing of your decision on the application? End of today?
J - no, it needs thought, I need to give consideration to the law and it is a decision of the Tribunal, not my sole decision, when I will be

Read 6 tweets

Tribunal Tweets

@tribunaltweets

Sep 2

This is the second morning session of Sandie Peggie v NHS Fife and Dr Upton.

JR Want to make clear re report to Lottie Miles that C called medical dr a Paki - Miles evidence that dr could not recollect. But again, absence of evidence not ev of ab.
Email c R primary position that amendment not required. C email received by us last Tuesday and no

oral supplements until yesterday. Reason we mention is cos C has known c it for 8 months. Not in the pleading but doesn't need to be
J Don't apply same rules here as in civil.
J/JR discuss cases.
JR Rules c pleadings in tribunal - I said McPhane {sp} cos that's a higher bar.

Read 34 tweets

Tribunal Tweets

@tribunaltweets

Sep 2

Peggie v NHS Fife & Dr Upton will resume this morning at 10 am. Jane Russell KC for NHS Fife will finish her closing submissions. EJ Kemp and the Panel will ask questions of the legal teams.

Our previous coverage can be found on our Substack here. It includes links to the skeleton arguments, submissions and speaking note for Naomi Cunningham acting for Sandie Peggie.
open.substack.com/pub/tribunaltw…

We have requested similar documents from the Respondents but have had no reply.
For direct access to the individual documents:
docs.google.com/document/d/1yy…

Read 52 tweets

Tribunal Tweets

@tribunaltweets

Sep 1

This is the fourth afternoon session of submissions in Sandie Peggie v NHS Fife and Dr Upton.

JR Agreed fact DU had permission to use F CR.
C submission - she says obligation to carry out Impact assessment. Failure to do that isn't actionable in this tribunal.
C Complains not consideration of advice to others. But aligns - KS/IB/Code of practice - IB said could have

confidence UK Eq body has balanced different needs.
C asserts board were aware she had raised concerns. But IB evidence was that she had only been told that a t member of staff was going and she was asked to accommodate them re CR - wasn't told whether TM or TW.

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