
NHS manager considered reporting trans row to police
Dr Searle met Dr Upton to discuss the Christmas Eve incident on 29 December.The tribunal previously heard Ms Peggie is claimed to have drawn comparisons to the rapist Isla Bryson being held in a women's prison. Dr Searle and Dr Upton agreed to record the incident on the NHS's Datix system for recording complaints.The witness said she felt "Beth would have grounds for going to the police" based on what was said, although she was unsure if it would fit the criteria for being a hate crime.Dr Searle added what she was told "met the criteria for a hate incident" but Dr Upton decided to not involve police at that stage of proceedings.Dr Upton previously told the tribunal she had been left "upset and afraid" by Ms Peggie's comments to her.
Dr Searle was also asked by NHS Fife's lawyer Jane Russell about an email she had sent to consultant colleagues regarding Dr Upton.In this message she said: "We all support her and condemn the actions of Sandie".She told the tribunal she had sent this message to support a colleague.Dr Searle said: "We would always support a junior doctor who is in distress and has suffered a distressing episode and we would condemn any actions by any person which are felt to be, or defined as abusive or harassment."I felt I was acting, at the time, in the best interests of Beth's wellbeing and safety going forward and I was reporting the events as she had told which I had no reason to suspect weren't true."
Timeline of the Sandie Peggie tribunal
Dr Searle told the tribunal that when she met Dr Upton on 29 December, she was told the junior doctor had concerns regarding Ms Peggie's behaviour on other occasions.These included a claim - disputed by Ms Peggie - that the nurse walked out on treating a patient due to Dr Upton being there.Dr Searle said she was "concerned over patient safety" when this alleged incident was relayed to her.She said she later spoke to another healthcare worker who had witnessed this altercation, but the witness was "concerned about getting involved in an incident for her own safety" due to the amount of press attention the case was getting by that stage.The witness added: "Staff involved have felt under scrutiny and [know] their views will be widely publicised." Dr Searle later discussed any risks to patient safety with Esther Davidson, a clinical nurse manager at the hospital. On Monday the tribunal heard from Charlotte Myles, a clinical service manager at the health board.She said she was "not impressed" with the patient safety claim, as no such matter had been reported at the time, only after the Christmas Eve incident came to light.
Email claims
Ms Peggie's lawyer Naomi Cunningham later quizzed Dr Searle regarding email chains sent among doctors and management regarding the case, and whether messages had been deleted during this.Dr Searle said she agreed messages between staff and potential witnesses should not have been sent in that way but denied deleting anything.Ms Cunningham accused Dr Searle of being "deliberately dishonest" regarding the email chain, and said messages had been not been provided to the tribunal to cover-up wrongdoing among management.Dr Searle denied this claim as well and said that she was both a doctor and trustworthy.The tribunal will continue on Wednesday, with Dr Searle returning to give further evidence.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


Times
2 hours ago
- Times
NHS Fife ‘undermined Supreme Court ruling' in Sandie Peggie tribunal
The health board at the centre of a landmark employment tribunal has been accused of undermining a Supreme Court ruling by claiming a trans doctor is not a man. Sandie Peggie, a nurse, is suing NHS Fife and her colleague Beth Upton for unlawful discrimination after having to share a single-sex changing room with the doctor. At the hearing, Jane Russell KC, the barrister for NHS Fife and Upton, has repeatedly questioned the meaning of the Supreme Court ruling on April 16 on the legal definition of 'sex'. For Women Scotland, the campaign group responsible for the judgment, has told the Dundee employment tribunal that it is 'concerned' about Russell's comments. The group has requested permission to intervene in the tribunal and has been told neither Peggie's legal team nor the lawyers for NHS Fife and Upton object. In a letter to the hearing, For Women Scotland listed three exchanges between Russell and Naomi Cunningham, Peggie's barrister. In one, Russell stated the Supreme Court judgment was an abstract case regarding representation on public boards in Scotland and did not concern lavatories. On July 23, Cunningham referred to Upton as a 'man' saying the doctor was a trans woman and trans women are men. 'Legally speaking, a trans woman is a man, so there was a man in the women's changing room,' she said. In response, Russell said she did not agree with that interpretation of the judgment, calling it a 'contentious matter' and a 'point in dispute'. Finally, on July 24, Russell said: 'Dr Upton is not a man. For Women Scotland doesn't say so.' The gender-critical group's letter to the tribunal judge said the first exchange was not 'factually correct', adding: 'We are surprised there was no correction by the tribunal.' The submission added: 'In the second and third exchanges, Ms Cunningham was factually correct in her statement that Dr Upton is a man under the Equality Act, in accordance with the For Women Scotland ruling by the UK Supreme Court. 'This should not be a point in dispute by the court, nor regarded as contentious or a hypothesis to be tested.' The letter went on: 'We are concerned about two things, firstly that closing submissions may attempt to re-litigate our case and debate the definitions of 'sex', 'woman' and 'man' in the Equality Act, when these are settled matters in law. 'And secondly, that if the tribunal does not make it clear to the parties (and the viewing public) that 'what exactly For Women Scotland says' is in fact clear and settled law and not 'contentious', 'a hypothesis' or 'in dispute' then it may render the judgment open to appeal on any point where Dr Upton's sex is relevant.' Peggie is seeking financial compensation for 'harassment' and 'hurt feelings' from both Upton and NHS Fife. Her case includes a request for an extra 25 per cent compensation from the health board because of an 'unreasonable delay' in its investigation into her conduct. The nurse, who has more than 30 years service, was suspended in connection to allegations of gross misconduct. She was cleared of the charges after an internal hearing on June 25, 18 months after an incident with Upton that prompted the dispute. The pair had both been in the women's changing room at Victoria Hospital, in Fife, on Christmas Eve 2023. Peggie and Upton exchanged words with the nurse uncomfortable at having to share the women's changing facilities with a biological male. She was placed on special leave then suspended after the incident. If the employment judge finds that Peggie was discriminated against by the health board, she is also requesting a 'protected disclosure detriment' from both respondents. Peggie is not, however, entitled to loss of earnings as she is still employed by NHS Fife. After a protracted dispute under freedom of information legislation, the health board was pushed to disclose the cost so far of the tribunal proceedings after a rebuke from the Scottish information commissioner. As of Wednesday, the tribunal has cost more than £258,000, although NHS Fife said it would only pay a maximum of £25,000. The rest is covered by insurance designed to protect health boards from significant financial losses. Costs are expected to have increased significantly during the second round of evidence hearings, which ran from July 16 to July 29. Earlier this week Peggie was recalled to give further evidence in her defence after allegations of racism and Islamophobia from colleagues who claimed she used offensive language. The nurse blamed her upbringing for the use of racial slurs, saying it had not been 'politically correct'. Peggie also named 13 colleagues who she claimed also opposed Upton using the women's changing room. Evidence hearings have now concluded and a verdict is not expected until at least December.


Daily Mail
2 hours ago
- Daily Mail
MIMI SPENCER invented the 5:2 Fast diet with Dr Michael Mosley. Now she shares food routine that means she's happier in her own body than ever at 57... and a dark warning on weight-loss jabs
When I wrote about intermittent fasting in The Fast Diet with the late Michael Mosley in 2012, we often stated, sagely and with good reason, that weight-loss took effort, commitment, focus and loads of boring, difficult things that no one really wanted to do. There is no silver bullet, we said, no magic wand.


Daily Mail
3 hours ago
- Daily Mail
Adopting my son left me depressed... I couldn't stop crying. I thought I'd be seen as a failed mum then I realised truth behind my battle: JODIE BRAIN
The tears came without warning. I was standing in my baby son's bedroom when I broke down on the phone to my GP and could barely speak through the sobs. 'I don't know what's wrong with me,' I said. 'I should be happy.' And I should have been happy – this is all I'd wanted, for so long. For ten, long, painful years of infertility I'd dreamed and prayed for this moment, when I'd finally be a mother.