Sandie Peggie tribunal hears emails discussing nurse probe should not have been written
Emails between witnesses discussing an investigation into a gender critical nurse who was suspended following a dispute with a transgender doctor "should not have been written", a consultant told a tribunal.
Sandie Peggie was suspended after she complained about having to share a changing room with transgender medic Dr Beth Upton at Victoria Hospital, Kirkcaldy, Fife, on C hristmas Eve 2023.
She was placed on special leave after Dr Upton made an allegation of bullying and harassment and cited concerns about "patient care".
Ms Peggie has lodged a claim against NHS Fife and Dr Upton, citing the Equality Act 2010, including sexual harassment; harassment related to a protected belief; indirect discrimination; and victimisation.
The tribunal resumed in Dundee on July 16 after an initial set of hearings in February. On Tuesday, Dr Kate Searle, a consultant in emergency medicine, gave evidence.
She denied "deliberately concealing" an email sent on January 5 2024 by fellow consultant Maggie Currer, with six potential witnesses plus Dr Upton included.
Barrister Naomi Cunningham, representing Ms Peggie, said: "I want to suggest you deliberately concealed it to conceal wrongdoing of colleagues." Dr Searle said: "It would be dishonest to do that and I'm a doctor who acts as honestly as I can at all times."
In her evidence, Dr Searle said that she had no concerns about Dr Upton's allegations as the General Medical Council requires "honesty and integrity".
Join the Daily Record WhatsApp community!
Get the latest news sent straight to your messages by joining our WhatsApp community today.
You'll receive daily updates on breaking news as well as the top headlines across Scotland.
No one will be able to see who is signed up and no one can send messages except the Daily Record team.
All you have to do is click here if you're on mobile, select 'Join Community' and you're in!
If you're on a desktop, simply scan the QR code above with your phone and click 'Join Community'.
We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like.
To leave our community click on the name at the top of your screen and choose 'exit group'.
If you're curious, you can read our Privacy Notice.
However, she said she was "never informed" that a referral to the Nursing and Midwifery Council had been made, the tribunal heard. She said that she emailed Dr Upton with others included later in January to give an "update" on the investigation.
But during cross-examination, Dr Searle admitted "that we should not have written these things in a group email to witnesses". Ms Cunningham said the email on January 5 2024 was "seriously embarrassing to the respondents".
And she said it "appears to be an intention to set up and co-ordinate a group who should not be talking about this as they're witnesses".
She added: "It says ' information must not be shared outside this group as risk of foot in mouth syndrome - it is quite a serious risk of foot in mouth syndrome'."
Dr Searle said: "I can appreciate that in hindsight we should not have written these things in a group email to witnesses." Ms Cunningham quoted from Dr Upton's evidence.
This included that using female changing rooms was "a thing I have been instructed to be the most appropriate", and describing biological sex as a "nebulous dog whistle".
Dr Searle denied telling the junior doctor to use female facilities, and said: "Definitely no instructions were given." She agreed that biological sex was "significant", but when the term "nebulous dog whistle" was put to her, she denied knowing what it meant.
Ms Cunningham said: "I think it must follow that anyone who describes biological sex as a 'nebulous dog whistle' would be talking obvious nonsense." Dr Searle said: "I'm not sure what that means."
The witness said she emailed Equalities lead Isla Bumba on December 8 2023 as Dr Upton felt "uncomfortable" about Ms Peggie "self-excluding" from the female changing room.
But she said she "didn't recall" raising the possibility of taking it further, as mentioned in an internal investigation. She said she Googled policies around self-identification, and added: "I'm not a law expert - if you Google it, it comes up under Equality Act.
"There are many references to toilets and changing rooms. I subsequently emailed Isla Bumba who is much more expert in Equalities than me. She agreed there is no policy."
The consultant denied that she perceived self-exclusion as "misbehaviour". Dr Searle said: "We would have discussed it if Dr Upton was very uncomfortable and it was affecting them".
She said a discussion would have involved " compassion and kindness", but added: "It doesn't sound otherwise like there's anything to take further."
Ms Cunningham said: "At the time you discussed it with Dr Upton you considered this to be misbehaviour, she (Ms Peggie) was behaving badly and making him feel uncomfortable."
However, Dr Searle said: "Beth felt uncomfortable that Sandie appeared to not want to engage." Ms Cunningham said: "My question was: both you and he regarded Sandie's conduct in removing herself a form of misbehaviour?"
Dr Searle said: "I don't agree we would have classed it as misbehaviour." Ms Cunningham said: "I think you've already confirmed that email to Isla Bumba on December 8 was prompted by a conversation about Sandie removing herself from the changing room when he was there, that's right?
"You ask if there's any policies around transgender staff and suggest Dr Upton might be keen to help develop some; is it fair for the tribunal to infer the possibility of developing policies to make it easier for Dr Upton to take matters further?"
Dr Searle said: "No, I don't agree. I think there needs to be an NHS Fife policy on how everyone can feel comfortable in changing areas of their choosing." The tribunal continues.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Daily Record
2 hours ago
- Daily Record
Scots MMA fighter's brave daughter to have 13 holes drilled in skull after 700 seizures
Myla Ray, 10, will undergo the operation as last hope to stop life-threatening seizures caused by rare condition The ten-year-old daughter of a Scots MMA fighter will have 13 holes drilled into her skull in a desperate, last-chance operation after suffering more than 700 seizures. Myla Ray, from Kirkcaldy, lives with drug-resistant epilepsy and a rare brain malformation called Cortical Dysplasia and has had severe seizures since she was just four years old. On August 13, the "little fighter"- and daughter of Scots MMA star Steven Ray- will have 13 electrodes drilled into her skull by medics at Edinburgh's Royal Hospital for Children and Young People. Join the Daily Record WhatsApp community! Get the latest news sent straight to your messages by joining our WhatsApp community today. You'll receive daily updates on breaking news as well as the top headlines across Scotland. No one will be able to see who is signed up and no one can send messages except the Daily Record team. All you have to do is click here if you're on mobile, select 'Join Community' and you're in! If you're on a desktop, simply scan the QR code above with your phone and click 'Join Community'. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. To leave our community click on the name at the top of your screen and choose 'exit group'. If you're curious, you can read our Privacy Notice. Steven, who has secured support for Myla across the sport, described the youngster as a "the real fighter in the family." He added: "She's only 10 years old and she's already went through way more than i have my whole life." Myla has already survived intensive care, multiple operations, and being put in a coma, all before her 11th birthday. Doctors diagnosed Myla with frontal lobe epilepsy and later found a malformation in her brain called cortical dysplasia, a condition that began before birth. She had part of her brain removed in May 2023, but the seizures returned. Doctors to hope stimulate her brain to trigger a seizure that reveals the exact area to remove. Mum, Natalie said: "If we don't do it, the seizures will keep getting worse and it could kill her.' "They told us the medication was no longer working. "We were told if we don't go ahead with this next operation, there's a high probability of death as she's drug resistant." In the upcoming operation, surgeons will insert rods into her brain. She will be monitored for a week in a bid to identify the exact seizure source. If no seizure happens naturally, her medication will be stopped, increasing the risk of a coma or even death. Natalie added: "They've talked us through everything that could go wrong. "She could have a heart attack, a stroke or they could hit a blood vessel, but at this point it's our only option." Myla's condition has also taken a toll on her development and has left her with the brain capacity of a four-year-old. The youngster doesn't understand days, weeks or danger, and often uses a wheelchair when her mobility is affected. Despite it all, Natalie appreciates the better days: "I'm so thankful for the days she's going about laughing." Back in 2023, before Myla's first surgery, her parents turned to fundraising to pay for private care as NHS wait times grew too long. The campaign went viral, attracting donations from around the world - including a £1,000 contribution from Outlander star Sam Heughan and a staggering £10,000 from UFC president Dana White. Steven launched the GoFundMe alongside Natalie which smashed the initial £100,000 target, eventually reaching over £110,000. Should the procedure be a success, Myla is likely to face more brain surgery potentially by the end of the year. The family are staying strong even as they face terrifying possibilities. Natalie said: "We've been told the odds; it's basically 50/50 whether she'll be able to have another operation after this one." "But at this point we will try anything."
Sky News
3 hours ago
- Sky News
UK warned it risks exodus of 'disillusioned' doctors
Nearly one in five doctors is considering quitting in the UK, new figures show, while one in eight is thinking about leaving the country to work abroad. The General Medical Council (GMC), which commissioned the research, is warning that plans to cut hospital waiting lists will be at risk unless more is done to retain them. By July 2029, the prime minister has said 92% of patients needing routine hospital treatment like hip and knee replacements will be seen within 18 weeks. "[Poor staff retention] could threaten government ambitions to reduce waiting times and deliver better care to patients," warned the authors of the GMC's latest report. The main reason doctors gave for considering moving abroad was they are "treated better" in other countries, while the second most common reason was better pay. Some 43% said they had researched career opportunities in other countries, while 15% reported taking "hard steps" towards moving abroad, like applying for roles or contacting recruiters. "Like any profession, doctors who are disillusioned with their careers will start looking elsewhere," said Charlie Massey, chief executive of the GMC. "Doctors need to be satisfied, supported, and see a hopeful future for themselves, or we may risk losing their talent and expertise altogether." 3:13 The report - which comes after a recent five-day walkout by resident doctors - is based on the responses of 4,697 doctors around the UK and also explores how they feel about career progression. One in three said they are unable to progress their education, training and careers in the way they want. Those who didn't feel like their careers were progressing were at higher risk of burnout and were less satisfied with their work. The GMC blamed workloads, competition for jobs, and lack of senior support for development for adversely impacting the career progression of UK doctors. 2:51 'Legitimate complaints' The Department of Health and Social Care acknowledged doctors had suffered "more than a decade of neglect". "Doctors have legitimate complaints about their conditions, including issues with training bottlenecks and career progression," said a spokesperson. "We want to work with them to address these and improve their working lives, which includes our plans set out in the 10 Year Health Plan to prioritise UK graduates and increase speciality training posts. "This government is committed to improving career opportunities and working conditions, bringing in ways to recognise and reward talent - as well as freeing up clinicians' time by cutting red tape."
The Independent
6 hours ago
- The Independent
One in five NHS doctors considering leaving UK profession, report warns
The Government's pledge to cut hospital waiting lists is at risk unless more is done to retain doctors in the NHS, the medical regulator has warned. Almost one in five (19%) of doctors are considering quitting being a doctor in the UK, the General Medical Council (GMC) said. And one in eight (12%) are considering leaving the UK to work abroad, according to GMC figures. The main reason given for considering a move abroad was that doctors are 'treated better' in other countries, with an increase in pay cited as the second most common reason for plans to emigrate. Overall, some 43% of doctors told the GMC that they had researched career opportunities in other countries. Some 15% of doctors reported they had taken 'hard steps' towards leaving UK practice – such as applying for roles overseas or contacting recruiters. 'We must be alive to the ongoing risks to retention of doctors and the impact of losing talented staff,' the authors of the GMC's latest report wrote. 'This could threaten Government ambitions to reduce waiting times and deliver better care to patients.' Prime Minister Sir Keir Starmer has pledged that, by July 2029, 92% of patients will be seen within 18 weeks for routine hospital treatment such as hip and knee replacements. The GMC's latest report also raised concerns about career progression for medics. The report highlighted that 8% of doctors who felt they could progress their career said they were likely to leave the UK medical profession and had taken hard steps towards doing so, compared with 27% of those who did not feel this way. Overall one in three doctors said they are unable to progress their education, training and careers in the way they want, according to the report, which is based on responses from 4,697 doctors around the UK. It found that those who did not feel as though their careers were progressing the way they would wish were at higher risk of burnout and were less satisfied with their work. The GMC said that workloads, competition for posts, and lack of senior support for development are adversely impacting career hopes for UK doctors. Charlie Massey, chief executive of the GMC, said: 'Like any profession, doctors who are disillusioned with their careers will start looking elsewhere. 'Doctors need to be satisfied, supported, and see a hopeful future for themselves, or we may risk losing their talent and expertise altogether. 'Achieving this requires modernising the current training system, so it meets the needs of doctors and patients.' It comes as Health Secretary Wes Streeting and the British Medical Association are locked in talks to avert further strike action by resident doctors after a five-day walkout in July. Resident doctors, formerly known as junior doctors, are in a dispute with the Government over pay and a lack of places for doctors in training. Commenting on the GMC report, Billy Palmer, senior fellow at the Nuffield Trust think tank, said: 'Pay and industrial action have been a lightning rod for dissatisfaction among doctors but this survey puts a spotlight on the wider difficulties facing the medical profession. 'Job guarantees, better rotas and placements, and protection of training time all need to be on the table. 'Addressing the burden of medical graduates' student debt by gradually writing off loans could also be a promising way to reward doctors' NHS service. With fewer than three in five doctors in 'core training' remaining in the NHS eight years later, unless warnings from this survey are dealt with, we'll continue to lose these skilled clinicians.' A Department of Health and Social Care spokesperson said: 'The findings in this report are further evidence of what we know, that after more than a decade of neglect, doctors have legitimate complaints about their conditions, including issues with training bottlenecks and career progression. 'We want to work with them to address these and improve their working lives, which includes our plans set out in the 10 Year Health Plan to prioritise UK graduates and increase speciality training posts. 'This Government is committed to improving career opportunities and working conditions, bringing in ways to recognise and reward talent – as well as freeing up clinicians' time by cutting red tape.'
