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Sep 2 • 25 tweets • 5 min read
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
Sep 2 • 61 tweets • 11 min read
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.
Sep 2 • 6 tweets • 1 min read
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
Sep 2 • 34 tweets • 6 min read
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
Sep 2 • 52 tweets • 11 min read
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…
Sep 1 • 39 tweets • 7 min read
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
Sep 1 • 40 tweets • 8 min read
Naomi Cunningham has finished her submissions. Judge Kemp has said he and the Panel will keep questions until the end. We expect Jane Russell to begin her submissions after this break.
Our reporting can be found here on our Substack. open.substack.com/pub/tribunaltw…
Sep 1 • 22 tweets • 4 min read
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
Sep 1 • 32 tweets • 5 min read
The afternoon session is due to start at 12.30. Please see this morning's reporting for abbreviations and information.
Judge and Panel have returned.
NC - before I resume on case law, I am reminded that there is a possible route to lawfulness of SSS in the workplace under the EA, but nobody seems to be suggesting SSS are unlawful in the workplace.
Sep 1 • 59 tweets • 11 min read
We hope to report on oral arguments and submissions today in Peggie vs NHS Fife and Dr B Upton.
Our previous coverage of the Tribunal with links to press, etc can be found on our Substack here: open.substack.com/pub/tribunaltw…
Jul 29 • 8 tweets • 1 min read
This is the second afternoon session, Sandie Peggie vs Fife NHS Trust & Dr Upton at the Employment Tribunal in Dundee.
J No questions from us. NC?
NC No
J That was your chance to follow up on your objection q
NC Nothing further
J Thank you SP. You may go. Concludes C case
J We would like written submissions, partial or skeleton, with at least a list of authorities by noon tomorrow and parties can
Jul 29 • 51 tweets • 9 min read
The afternoon session will start at 13.20 with a private case management meeting. We expect to be admitted after the private matters are concluded. Sandie Peggie vs Fife NHS Trust & Dr Upton at the Employment Tribunal in Dundee.
Jul 29 • 45 tweets • 9 min read
Second morning session continuing cross examination of Dr Maggie Currer on final day of evidence about to start:
NC Re the 1 line para of letter of 5 Jan re SP being referred to NMC: want to set a few things out. If the NMC does take FtP claim she'd be able to see evidence of
referrals. Or arising from other hearings. So other evid may come to light
MC I understand
NC U seem to be acknow a referral has been made. It's what u were told in a face to face mtg
MC I never thought she had been referred. Pending the Ix results, if found if she'd broken
Jul 29 • 42 tweets • 9 min read
We are due to begin live tweeting day 9 of Peggie v Fife Health Board and Dr Upton at the earlier time of 9.30am.
Today is the final day of evidence and will begin with Dr Maggie Currer returning to the witness box.
A reminder about our reporting:
Jul 28 • 75 tweets • 14 min read
We resume after a break for an issue with the bundle not containing all of the new pages
JR This is new evidence recently produced. The BGC from Jan 2024. We wont say others names. [reads re trans have all the rights and the only way we can get round this is ??]
What did u make of this by SP?
LN I just need a moment to think. I think she's trying to find a quicker way around this , going forward
JR Can u describe any more
J Can u put yr mic down?
JR what do u mean?
LN Only way we can do this is to say we werent told about this.
Jul 28 • 35 tweets • 7 min read
Our scheduled start time in Peggie v NHS Fife & Dr B Upton for this afternoon's session is 1.30pm. Two witnesses are scheduled for today, both emergency nurse practitioners: Lindsey Nicoll and Fiona Wishart but if there's time a new witness for the Claimant may give evidence.
A reminder about our reporting:
Jul 28 • 20 tweets • 4 min read
Part two of morning session in Peggie vs NHS Fife & Dr B Upton will continue here. No witness evidence this morning, discussions about timetable, further material and additional witnesses. See our coverage here. archive.ph/lCyHK
Judge & Panel return.
J - we've got the docs, JR have you looked at these
JR - don't object, simply object to 2 add'l witnesses
J - we consider in principle that it is permissible to call add'l witnesses in response to what R's late witnesses says. And in principle, to recall
Jul 28 • 52 tweets • 11 min read
Scheduled start time in Peggie v NHS Fife & Dr B Upton is 10 am. Our reporting will be on this thread. Two witnesses scheduled for today:
Lindsey Nicoll, emergency nurse practitioner Fiona Wishart, emergency nurse practitioner
Our previous coverage is found on our Substack here: open.substack.com/pub/tribunaltw…
Reporting on Part 1 here: tribunaltweets.substack.com/p/peggie-vs-fi…
Jul 25 • 45 tweets • 9 min read
We will shortly be live tweeting the afternoon session of day 8 of Peggie v Fife Health Board and Dr Upton to hear the examination of Dr Maggie Currer (MC), Deputy Clinical Lead). It is due to start at 2pm.
A reminder about our reporting:
Jul 25 • 55 tweets • 11 min read
Day 8 morning session 2 will continue here.
The morning 1 session of day 8 can be found here