A drop in the ocean in the great schemes of things....but replicated by how many more

Melle's Epsom and St Helier Trust stated that whilst racial abuse of staff is never acceptable, they expected staff to maintain confidentiality. Melle maintained she was reporting "biological reality" and protecting patient safety.

The NMC has yet to rule.

I assume this is taxpayers money paying for these issues? I really take issue with public monies being spent in this way,.

Galaxy

As I have said another nurse has just won a settlement with regard to suspension on this issue, I think that case is interesting and I am sure there will be more.

Are you referring to the recent The Melle case Galaxy? A male patient was claimed by Melle to have verbally and physically abused her, using the N word multiple times and needing restraint by his prison guards?

The nurse was being investigated locally for misgendering but actually was suspended for breach of confidentiality after speaking to the media.

TheTrust then decided there was no evidence Melle actually identified the patient by name in the media, so reinstated her in January 2026 and dropped misconduct allegations.

An employment tribunal was set for April 2026, but days before it was due to begin, Melle agreed to a confidential settlement from the Trust regarding claims of discrimination and harassment from the prisoner patient. Melle continues to face an ongoing investigation by the NMC however, regarding her professional conduct, presumably in relation to misgendering and/or deadnaming.

As I have said another nurse has just won a settlement with regard to suspension on this issue, I think that case is interesting and I am sure there will be more.

Good I'm glad you are not holding me responsible for the NHS.

Its quite easy to refer to Dr Upton by Christian name or Dr- if an individual in the workplace has gender critical beliefs- there is no need to misgender or deadname with the knowledge it potentially may cause that person upset and is set out as an example of harassment in their employment procedures.

Lemonjam we aren't suggesting you are responsible for the NHS, I don't for one minute think that is the case and am not sure why you think I do. We are discussing the failings of the NHS in regards to this and the number of court cases they have lost ( and will continue to lose if they keep ploughing this particular furrow) As I say they have just had to settle with another nurse with regard to the language issue.

I don't think Dr Upton is a male paedophile, killer, rapist or attacker. Dr Upton is transgender.

Galaxy

The NHS is completely captured by this ideology and I do think it is important to keep challenging it legally. The gender critical cases ( such as the darlington nurses) tend to be successful as organisations have been poorly advised on the law. Compelling people to lie is gaslighting, everyone on this thread knows Upton is a man, it is the very reason he should have been excluded from a female spaces. When I use the word he I am describing someone's sex, as a feminist I think the concept of gender is oppressive and damaging to both men and women.

I repeat I personally am not responsible for NHS policies and procedures in respect of dignity at work. Here is NHS Scotland and NHS Fife's approach as relevant too Nurse Peggie and Dr Upton:

National NHS Scotland guidelines foster a culture of dignity and respect, aiming to eradicate bullying, harassment, and discrimination. Staff have the right to a safe, supportive working environment, with policies emphasising polite conduct, valuing contributions, and providing mechanisms for handling complaints, such as the Dignity at Work Toolkit. [1, 2, 3, 4, 5]

Key components of the policy and approach:
Core Principles: NHS Scotland policies promote care and compassion, dignity and respect, openness, honesty, and responsibility, according to NHS Workforce Policies. [1]
Respectful Culture: The policy emphasises listening, using appropriate language, and encouraging open discussion, as seen in the Dignity at Work Policymodel. [1]
Preventing Bullying: The approach is to ensure a workplace free from bullying and harassment, where staff feel valued and supported. [1, 2, 3]
Respecting Staff: As part of a broader NHS initiative, NHS Fife - Respect our healthcare workerscampaign asks that staff be treated with respect, and recognises their right to work without fear of abuse. [1]

Drill down further for- Examples of harassing behaviour:

Harassment can be related to:
age (covers all age groups), disability (mental and physical health), gender reassignment, marriage and civil partnership
pregnancy and maternity, race (colour, nationality, ethnicity, national origins), religion or beliefs, sex or gender, sexual orientation, other personal characteristics such as trans identities including non-binary, carers responsibilities, physical appearance.

Types of harassing behaviour
The most common forms of harassment are listed below and are specifically directed towards protected or personal characteristics. This can be one significant incident or an ongoing pattern of behaviour. It is not an exhaustive list:
deliberate and consistent behaviours which demonstrate a non-acceptance of aspects relating to protected or personal characteristics, for example:

- failure to use requested gender pronoun for a transitioning individual
-offensive jokes, banter and comments
-ostracising or "freezing out", ignoring and staring
-patronising comments and remarks
-mimicking and use of derogatory terms
-inappropriate personal questions or comments
-belittling or patronising comments or nicknames
-assault or other non-accidental physical contact, including disability aids
-the display, sending or sharing of offensive letters, -publications, objects, images or sounds
-graffiti
-offensive comments about appearance or clothing

I think we are winning the battle on language though, some media have been much more careful about their use of descriptors lately particularly when referring to crimes.
Actually I have just remembered the recent case where a nurse was suspended for using the term 'mr' ( towards a male paedophile who went on to racially abuse her) she has just won a settlement against the NHS. It has been incredibly difficult, and these women are incredibly brave but we are making progress.

Rosie51- I am not personally responsible for the law or the NHS, how it interprets the law and its work force polices. I have not accused her and neither have I assumed she will misgender or deadname a transgender person in the work place- I used the word IF. Why would she, or anyone else want to intentionally cause a transgender person any upset in the work place by misgendering or deadnaming them?

Lemonjam My posts have been specifically about registered nurses misgendering in the work place- if Nurse Peggie does that going forwards. but why would you assume/suggest this is a possibility when she never has in the past? It would be like me saying that the law says 'so and so' and 'if Lemonjam does break it going forward' which immediately suggests the possibility/likelihood where none has previously existed. She never 'misgendered' Upton in the workplace, nor any patient.

When we insist that people have to lie, discount the evidence of their own eyes, and deny their own instincts it's the start of a very slippery slope. It's bad enough when the press prints a report about a 'woman' who stabbed and killed 'her' husband with a samurai sword, and the photo shows an obvious male. What has been worse is the insistence of some courts to compel victims to refer to their male attacker as 'she'.

The NHS is completely captured by this ideology and I do think it is important to keep challenging it legally. The gender critical cases ( such as the darlington nurses) tend to be successful as organisations have been poorly advised on the law. Compelling people to lie is gaslighting, everyone on this thread knows Upton is a man, it is the very reason he should have been excluded from a female spaces. When I use the word he I am describing someone's sex, as a feminist I think the concept of gender is oppressive and damaging to both men and women.

some posters seem to be inferring I am being dishonest about the expected standards of behaviour for Registered Nurses whilst in the workplace in a capacity as a Registered Nurse. Feel free to explore yourselves but some info:

Individual Treatment: Treating people as individuals and respecting their personal preferences, needs, and dignity.
Privacy & Confidentiality: Respecting people's right to privacy and keeping information safe.
Safety & Advocacy: Ensuring dignity by preserving safety and acting in the best interests of the person.
Challenging Discrimination: Acting against and challenging any discriminatory attitudes or behaviours.
Care Compassion: Providing care in a way that respects the individual's dignity.

The UK NMCnotes that respect is one of their core values, defined as showing dignity, care, and courtesy, while fostering an inclusive culture. According to the Royal College of Nursing, treating everyone with dignity, courtesy, and respect is essential for a professional environment.

I repeat, none of my posts defend the way NHS Fife handled this incident. I repeat I also support Nurse Peggie's right to her gender critical beliefs. I have not suggested at any time she has acted dishonestly. Your statement "You in an earlier post said "whether gender critical or racist" conflating the two as equal" I am not sure which post, at what time you are referring to specifically so unable to comment as you have not quoted whole sentence out any context.

I am aware her representative called Dr Upton 'Mr" repeatedly during the tribunal. Judge Kemp acknowledged that such language could be "painful and distressing" for Dr Upton, but ruled that misgendering someone did not constitute harassment in the tribunal context whilst ruling on transgender matters and it would be "unfair to 'force' Peggie and her lawyers to use a term that they find inaccurate in such circumstances.

My posts have been specifically about registered nurses misgendering in the work place- if Nurse Peggie does that going forwards. In the workplace, Peggie is working in her capacity as a Registered Nurse not off duty in a tribunal. There she is subject to local employer policies and procedures about respecting the rights of transgender colleagues and patients/service users and her NMC code of practice.

I quoted a case where such a matter has been tested in court. There may be similar cases in due course. Referrals and outcome NMC misconduct decisions and sanctions on such matters may also become available over time.

Lemonjam At no time was Sandie Peggy accused of misgendering Theodore Upton in the workplace, so please stop with this. You in an earlier post said "whether gender critical or racist" conflating the two as equal, they're not. Really 'gender critical' should be changed to 'sex realist', no mammal in the history of the world has ever changed sex. Someone's internal feelings are not a standard that can be adhered to.

The Tribunal gave permission for Upton to be correctly sexed in the case. If Upton was referred to as 'she' it makes confusion of Sandie's objection to a fully genitally intact male being in the female changing room. And why was a doctor using the female nurses changing room? No other doctors did. Upton lied as a witness, and showed a complete lack of any morals saying he would treat a patient who had requested a female doctor because he considered himself "a biological female" .

The hospital administration from Consultants down behaved appallingly and in a totally prejudicial way towards Sandie Peggy. She was never accused or had it suggested that she would or had ever treated a transgender patient in anything but a respectful way. For you to keep trying to imply she would is dishonest. The trust's investigation of Sandie, initiated by accusations made by lying Upton were all dismissed, and announced by the Trust towards the end of the hearing.

Don't forget Upton was the one who put in a complaint about an elderly lady patient with dementia who referred to him as male. Such a lovely display of compassion, or maybe not!

None of my posts defend the way NHS Fife handled this incident.

I also support Nurse Peggie's right to her gender critical beliefs as clearly stated. I don't condone registered nurses misgendering or deadnaming transgender colleagues or patients. Neither does the NMC code of practice for nurses.

If the NHS or any employer 'persecutes' any of their employees for holding gender critical beliefs, I would call that out as plain wrong.

This nurse had a right to take her case to a tribunal which she did. There was a cost in so doing which was the subject of the OP. Some of her claim was upheld and other aspects not upheld. She is currently appealing the aspects of her case that were not upheld.

You can 'dare to question the rights of men who claim to be women over those of women" as much as you like Allira- I am not stopping you.

You have already told us you work in NHS Management, Lemonjam, so it is understandable that you will defend their stance, but the NHS is not always correct or caring when it comes to the rights of women and girls.

However, it seems they will persecute those who dare to question the rights of men who claim to be women over those of women.

eazybee- The Human Rights Act does not explicitly rule that employees cannot be expected to use preferred pronouns. The act is much more nuanced. An interpretation that it does is loose and not entirely correct.

It is a fact that transgender people have a right to be treated respectfully in the work place just as it is for none transgender people. Thats is a legal given. The tension and complexity for employers results in balancing the rights of all- hence these bell whether cases.

What the HR Act does require explicitly, is that employers balance rights for transgender employees with the 'protected beliefs' of other employees that are gender critical. Employees can legitimately hold their transgender critical beliefs but they still must treat transgender people with respect. Intentional misgendering of transgender colleagues or service users, specifically deadnaming them by referring to them as "Mr", ie referring to their sex at birth, can be construed as harassment and discrimination.

Recent rulings like the Forstarter and Bailey, confirm that holding "gender critical' belief' is legitimate. No one on this thread has said that Nurse Peggie cannot hold her gender critical beliefs.

The employer must protect all staff and that includes protecting transgender staff from discrimination and harassment due to their transgender identity.

The HR Act is clear that employers are advised to set clear, reasonable, expectations regarding respect in the workplace, which MAY include asking employees NOT to deliberately use incorrect pronouns or 'dead name' colleagues. This has been challenged by a gender critical employee and Case law supports the employer in such expectations- e.g. Mackerth v DWP- the tribunal ruled that while the employee's gender critical beliefs were protected, the employer's requirement to respect and protect transgender service users was a legitimate aim.

Plus, as already outlined, as a Registered nurse, Peggie is also held to account by her NMC code of practice that is clear in expected standards of behaviour.

It can not be justified that Nurse Peggie is being reasonable, and acting with dignity and respect if and when she intentionally refers to Dr Upton as 'Mr'. It would be open to Dr Upton, and/or witnesses in the vicinity ( i.e. professional health care workers are expected to stand up and challenge discriminatory behaviour) to make a harassment complaint - either to the joint employer (because the employer has not protected Dr Upton) and/or directly to the NMC, alleging breach of professional conduct. And/or to the police alleging if harassment and discrimination.

Yes, in theory an employee could bring a claim if they resent feeling "compelled' to use a preferred pronoun for a transgender colleague or service user. The court or tribunal would consider the Mckerth v DWP ruling, the employer's local policies and procedures and the NMC code of practice. She would most likely lose. There also is a possibility/likelihood there would be a counter claim for harassment against her in the workplace.

As already stated it's complex.

eazybee

^Just because Dr Upton is transgender that is no reason to be treated disrespectfully.^

According to the Equality Act employees could nor be compelled by their employers to use incorrect pronouns. It seems that parts of the NHS have 'interpreted' the Act rather loosely.
Equally, Theodore Upton's claim to be transgender is no reason for him to treat a woman, an employee of lower rank, a nurse of unblemished record, disrespectfully.
It was established conclusively that he had no right to be in that changing room, but the most disturbing aspect was his refusal to leave when asked.
The delay in implementing the findings of the Supreme Court is worrying; a first draft was submitted in September 2025, but has undergone changes, and is not to be released until after May 7th 2026, probably after Parliament reconvenes. The threat was made by members of the transgender community that complaints would be made and the judgement would be overturned.

ALL Nurse Peggie's claims against Dr Upton were dismissed by the tribunal.

Registered nurses are held to a higher standard of behaviour in the work place than ordinary citizens whilst working as a Registered Nurse. Her NMC professional code of conduct requires her to treat patients and colleagues respectfully and not misgender intentionally. If she calls Dr Upton " Mr" in the work place that is a breach of her professional code.

Ilovecheese 12.03.

My link detailed the requirements to adhere to the NMC code

Glaweegran's links can help you determine her attitudes regarding misgendering DR Upton and the claims she made racist on line comments during the employment tribunal hearing.

If any nurse, including Peggie, misgender patients or colleagues in the workplace or reported for posting racist on line comments she would be in breach of her professional code of conduct. She would place herself at risk of referral to the NMC and professional misconduct proceedings - at risk of sanction if found proved. Sanction options- caution, conditions of practice, suspension, strike of the NMC register and unable to work as a nurse.

Just because Dr Upton is transgender that is no reason to be treated disrespectfully.

According to the Equality Act employees could nor be compelled by their employers to use incorrect pronouns. It seems that parts of the NHS have 'interpreted' the Act rather loosely.
Equally, Theodore Upton's claim to be transgender is no reason for him to treat a woman, an employee of lower rank, a nurse of unblemished record, disrespectfully.
It was established conclusively that he had no right to be in that changing room, but the most disturbing aspect was his refusal to leave when asked.
The delay in implementing the findings of the Supreme Court is worrying; a first draft was submitted in September 2025, but has undergone changes, and is not to be released until after May 7th 2026, probably after Parliament reconvenes. The threat was made by members of the transgender community that complaints would be made and the judgement would be overturned.

More background info for anyone interested :

The Law Society Scotland weekly bulletin 15 December 2025.

Sandy Peggie and legal team launch appeal over NHS Fife employment case.

The case of NHS Fife nurse Sandie Peggie is one of the most closely-watched employment tribunals in memory and has been seen as a bellwether case following the Supreme Court'sFor Women Scotland v The Scottish Ministers case early this year.

The outcome of the first tier tribunal was that NHS Fife was found to have harassed Sandie Peggie, but other claims of discrimination and victimisation were dismissed.

1) Nurse Sandy Peggie to appeal trans doctor employment tribunal judgment (Sky)
2) Sandie Peggie says 'I will not give up legal fight' with tribunal appeal (BBC)
3) Former UK equality chief questions Peggie tribunal ruling (BBC)
4) Sandie Peggie tribunal ruling 'not compatible' with the law as she prepares to announce appeal decision (Scottish Daily Express)
5) Scottish nurse wins part of her tribunal in trans doctor changing room case (Guardian)
6) Sandie Peggie latest: Judge amends NHS Fife ruling (Herald)
7) Sandie Peggie judge has missed the point of Supreme Court ruling (Times)

In context of OP - some court cases, as in the Supreme Court'sFor Women Scotland v The Scottish Ministers case early 2025 are described as BELL WEATHER cases with litigation significance. That it it is a trial to test a widely contested issue. Results are then used to shape processes for addressing issues. Sandie Peggie’s decision to seek a tribunal ruling was to use the tort litigation that fell out of the Supreme Court above to her claim against her employer NHS Fife. The contested issue in this context was rights of those in the workplace in respect of transgender matters.

The tribunal was watched closely by the main stream media and by legal professionals. Some aspects of Peggie’s claim were dismissed, e.g. her claims of discrimination and victimisation against Dr Upton and the Health Board were dismissed. So she is appealing. The outcome of that case will add to legal precedent of this widely contested issue.

The law is not static or fixed in time- it evolves and bell weather court cases shape the law and in turn shape things such as NHS trust disciplinary proceedings and pities to ensure dignity and respect in the work place for all.

Glasweegran said
"The local NHS has received death threats as a result of all this,"
I wonder if there could be a bit more information about this. The NHS is an organisation, not a person, so who was it who received death threats? What was the reason given for the death threats? Who were the death threats from?