Intervention Accepted: Rule 36 Submission in Sandie Peggie v NHS Fife & Dr. Upton

We are please to confirm that our Rule 36 submission to the Employment Tribunal in the case of Sandie Peggie v NHS Fife and Dr Upton (Case No. 4104864/2024) has been formally accepted. The Tribunal has raised no objections to our intervention, and neither party to the proceedings opposed its inclusion.

Our submission, made on 3rd August 2025, was lodged under Rule 36 of the Employment Tribunal Rules of Procedure 2013, which allows third-party organisations to raise matters of public interest relevant to the proceedings of a case. Our submission reflects our organisation’s legitimate interest in the legal and public implications of this case - particularly concerning the treatment of sexual orientation as a protected characteristic under the Equality Act 2010.

Why We Intervened

The case raises serious concerns about the misuse of a young lesbian’s sexuality - specifically the claimant’s daughter, Nicole - as a tool to imply prejudice on the part of the claimant. This tactic, employed by the legal team for the respondent’s legal team, is not only irrelevant to the legal issues at hand but also discriminatory and a violation of the daughter’s Article 8 rights under the Human Rights Act 1998.

Our submission highlights:

  • Improper conflation of sexual orientation and ‘gender reassignment’.

  • The misrepresentation of lesbian sexuality, including the troubling assertion that “being gay is a feeling”.

  • The use of lesbians to justify the inclusion of males in female-only spaces, which is both legally unsound and socially harmful.

  • The binding nature of the UK Supreme Court’s ruling in For Women Scotland v Scottish Ministers [2025] UKSC 2016, which affirms that sex in the Equality Act refers to biological sex and sexual orientation is inherently sex-based.

We argue that the Tribunal must take judicial notice of this ruling and ensure its proceedings reflect settled legal definitions. The use of prejudicial material against protected characteristics, particularly same-sex attraction, risks undermining the fairness of the process and opens the judgement to appeal.

Read full PDF version of the submission.

What an Accepted Intervention Means

On 20th August, the Employment Tribunal formally acknowledged our application and confirmed that neither party objected, and that the application will be considered further when preparing the final judgement.

While Rule 36 submissions do not make the submitting party a formal participant to the case, they can influence the Tribunal’s reasoning. The Tribunal may refer to the application in its written judgement, particularly where it provides legal clarity, highlights procedural concerns, or reflects broader public interest.

In this case, our submission aims to assist the Tribunal in properly applying the Equality Act 2010 and the Supreme Court’s ruling in For Women Scotland v Scottish Ministers [2025] UKSC 16, which clarified the legal definitions of sex and sexual orientation.

What Happens Next?

The Tribunal has confirmed that our application will be considered during the preparation of its final judgement. This means:

  • Our application is now part of the case record

  • It may be referenced or reflected in the Tribunal’s written decision

  • It could help shape how the Tribunal interprets key legal issues, particularly around sexual orientation as a protected characteristic, privacy rights, and the use of irrelevant or prejudicial material.

The submissions hearing is scheduled for 1st and 2nd September in Dundee, where final legal arguments will be presented by the parties. We will do our best to be in attendance, but if that is not possible, we remain fully engaged and committed to supporting the case and its wider implications for same-sex attracted individuals. We will update this page once the Tribunal’s judgement is published.

As a self-funded grassroots organisation, we cover all costs ourselves. If you would like to support our work, any contribution, however small, helps with website maintenance and admin costs related to our work and will ensure we can continue to contribute to important legal processes.

Thank You!