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Sep 1 22 tweets 4 min read Read on X
This is the second afternoon session of submissions, Sandie Peggie v NHS Fife and Dr Upton
NC FWS makes it clear that SS exceptions can only be operated on biological sex basis 211,217,224 sections. From 215-217 most useful, ssservices lawful. Gateway conditions cannot be coherently applied if sex doesn't carry its biological meaning. Gives egs, eg cancer screening
NC [reads] The meaning of bio sex. R position is capable of being characterised as another abiding mystery in this case. It's not wrong that bio sex is determined by chromosomes etc - it is defined in Bellinger. R appear to be unable or unwilling to comprehend
that in the vast majority of cases, gonads chormosomes and genitals are in alignment. Where they are not, the law needs to find a way to decide. The court needed to decide which case he was. But this case isn't about sexual development. It may be a distraction
to create confusion in tribunals mind about something which is very simple. No arguable doubt - factually too, as ultimately Maggie Currer had to admit, and KS and others more readily admitted. Bio sex is binary and socially important. rare edge cases doesn't mean it's not a binary
just like life and death is a binary.
NC Inferences - tribunal should do this on basis of what is more probable or not. You will need to draw inferences on another mystery - what did Du record on his phone, when record it, and why so many obstacles thrown up to make C unable
to get info and put [IT expert] through embarrassment of admitting it was the sixth best way of dealing with the information on the phone. On a teams call with DU uploading info. Was JR who pressed on whether Du having lied was only explanation of result.
J [asks for a citation]
NC Rest of note sections

Given that they were dropped they were plainly disproportionate. In relation to issue 5H Ms Miles evidence - which was novel - suggesting need for supervision was to protect C from allegations but was spun to C by R re whether she could be trusted
without supervision in light of patient care allegations.
NC By way of conclusion. To talk more c importance of Pete. His point is that he is indistinguishable from DU. DU's gender reassignment is not relevant to proceedings- this is C complaint. Therefore Pete is legally and
practically indistinguishable from DU> Some of R witnesses had to agree that if Pete - with no changes of name/hair/clothes - he was as much a woman as DU. An inevitable conclusion . Subscribers to GI belief ..
J TW doesn't appear in Act. No definition.
NC No.
NC No legal definition;. GI people say if only a man who says he's a woman. A circular definition.
NC R has put at heart of case in a way not wholly clear is that no one else other than SP had raised disquiet with DU presence in w CR. Suggest abundantly clear to Tribunal
why that is. What happened to SP when raised: first time and second time nothing, then all hell broke loose and she treated as aggressor.
Even if Sp a racist. Even racist women shouldn't be forced to undress in front of someone she sees as a man. One joke in 7 years not a racist
R efforts to find evidence of people agreeing with SP.
SP named 4 and 13 people in her evidence with great reluctance (to her credit) not wanting to get colleagues in trouble. Did R try to find those people and bring them to tribunal? No. People brought last minutes
to give evidence were Fiona Wishart and {?]
NC Conclusion. Many weird things about this case. Nurses and doctors who don't know what sex is, or tell what sex someone is, and an NHS employee with immunology qualification.
JR constant intervention re my language despite your
ruling.
Comments c great distress of DU contrasted with his demeanour when giving evidence - which was self assured, tending to smug. His own interventions and unruly behaviour c lang. Booards attempt to have whole case heard in private - extraordinary application.
Absence of documentation, no consultation of female staff or their union to let men self id into female spaces in hospital. Not following JTinnion c providing documentation. All of those, and more, are peculiarities of case and manner litigated. Related or not?.
I suggest obvious explanation for bizarre behaviour or R and representatives - organisation in the grip of a delusion. Sexed bodies matter when m and w are undressing in spaces for single sex. Board have taken up GI. Not just board.
I Bumba taken to NHS policies - not a rare delusion. One deliberately fostered - as seen in M Forstater evidence. A number of policies in private and public sector - assumptions that Self id is the law. That was wrong and delusional in all those different places.
Because it is delusional it can only be enforced by bullying. That is why C was put to vicious heresy hunt - cos of her refusal to undress in a room with a man. And it explains all the other mysteries too.
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More from @tribunaltweets

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
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
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
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
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. Image
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
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.
Read 39 tweets

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