Sandie Peggie and transgender doctor row posed ‘no risk to patients'
A dispute between a gender critical nurse and a transgender doctor was treated as a claim and counter-claim disagreement by a manager tasked with a suspension review who found there was no risk to patients, a tribunal heard.
Nurse Sandie Peggie was suspended after she complained about having to share a changing room with trans medic Dr Beth Upton at the Victoria Hospital in Kirkcaldy, Fife, on Christmas Eve 2023. She was placed on special leave and then suspended 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 Monday at the tribunal, service manager Lottie Myles said she perceived the dispute which led to Ms Peggie being suspended as a 'she said/she said' situation, and there was 'nobody who could provide evidence '.
Ms Myles said she was tasked with conducting a suspension review on February 27 2024, and was told by the nurse's manager, Esther Davidson, that Ms Peggie was 'anti-trans', and 'had transphobic views because of an incident that occurred in the changing room'.
She said that Ms Davidson alleged Ms Peggie had 'some gender critical beliefs, and some other beliefs which she has which may not be everybody's belief', an hour before a suspension review meeting, but Ms Myles said she was not given any documentation to examine prior to the review.
During the tribunal, counsel for NHS Fife, Jane Russell KC, asked about these 'other beliefs'.
Ms Myles said: 'There was views that Sandie was homophobic and there were elements of racism in her beliefs. It's hearsay. I try to disregard views which haven't been documented or there's little evidence of.'
She noted that Ms Peggie referred to Dr Upton using 'male terminology', but said that she believed Ms Peggie's feelings about Dr Upton were 'circumstantial', and later challenged why allegations she branded 'hearsay' had not been documented or escalated, the tribunal heard.
Ms Russell said: 'Arising out of this meeting, what was your opinion about how Sandie Peggie really felt about Dr Upton?'
The witness said: 'I think Sandie probably wasn't too happy with Dr Upton but I think that was more from the incident which had happened. In summary notes, I had asked if she was to treat a patient who was transgender, would she treat them differently? I was reassured she said she wouldn't treat anyone trans differently; I felt that it was circumstantial.'
Ms Russell asked for the witness's views on how Ms Peggie 'might deal with transgender patients' after a suspension review meeting on March 7 2024.
Ms Myles said: 'I felt reassured she wouldn't treat them differently. Sandie has been a nurse for 30 years, I'm sure in that time she has dealt with transgender patients. I felt there were no safety concerns.'
She said she referred to the Nursing and Midwifery Council code, including on freedom of expression, and the Equality Act 2010 which she described as a 'grey area in a lot of workplaces ', and said there were 'several reasons' why she lifted the suspension, the tribunal heard.
Ms Myles said: 'I wanted to be sure I wouldn't be treating either party in breach of the Equality Act. I wanted to have Dr Upton and Sandie Peggie treated fairly and equally.'
She said that a meeting between herself, Ms Peggie and Royal College of Nursing rep Stuart Fraser was 'very difficult' and 'emotional' for Ms Peggie, who was determined to return to the Emergency Department rather than be moved to another department managed by Ms Myles, the tribunal heard.
Ms Myles said: 'I wanted both parties to be treated fairly and equally. The situation was 'she said/ she said', we were limited on witnesses and things being documented.'
The witness said that a return to work would be 'beneficial' for Ms Peggie, and that she wanted to 'make it as seamless as possible', after discussions about moving departments and moving onto dayshifts were both rejected, the tribunal heard. Giving evidence, Ms Myles said she was aware of reports of 'negative interactions', which she branded 'hearsay'.
Ms Myles said: 'I actually challenged that by saying: 'Why wasn't this documented? Why wasn't it escalated?' Nobody could confirm, but I felt that was hearsay. I felt that to try to prevent any other allegations from happening having a senior team member on duty would be supportive for her.'
She said it was agreed to put the pair on 'opposite shifts' and for Ms Peggie to be supervised during a phased return, describing it as a 'compromise', the tribunal heard.
Ms Myles said that her involvement ceased around April 19 at the request of head of nursing Gillian Malone, and she had no role in the investigation. The tribunal continues.
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South Wales Argus
27 minutes ago
- South Wales Argus
Consultant admits ‘flagrant breach of confidentiality' in Peggie gender dispute
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 Christmas 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. On Wednesday, consultant Dr Kate Searle admitted she sought out a witness to patient safety allegations made by Dr Upton, which occurred previously in December 2023 but were unreported. Dr Searle sobbed when the woman was mentioned and alleged that the healthcare worker 'did not want to be involved in this for fear that, as a mixed race person, she feared Ms Peggie's views about her race would affect her going forward working in our department with Ms Peggie'. During cross-examination by Ms Peggie's barrister, Naomi Cunningham, Dr Searle admitted she had not been subject to disciplinary proceedings for it. Dr Searle agreed that the witness was 'the only person who was likely to be able to shed light on Dr Upton's claim that Ms Peggie refused to engage', in a resuscitation unit, however, she argued with Ms Cunningham about the woman's recollection of the incident. Sandie Peggie complained about having to share a changing rom with Dr Beth Upton (Andrew Milligan/PA) Ms Cunningham said the healthcare worker 'gave a clear answer that factually contradicted Dr Upton, as she said she recalled a conversation between Beth and Sandie, although couldn't recall details', during an internal probe, the tribunal heard. However, Dr Searle argued three times about the witness's recollection and concluded that the healthcare worker was 'contradicting herself', and said twice that she could not 'recall when it happened'. She said she 'couldn't recall' when she spoke to the healthcare worker, and admitted sending an email to 19 consultants on December 29 2023, describing the comments allegedly made by Ms Peggie as 'questioning her (Dr Upton's) whole being' the tribunal heard. Ms Cunningham asked if the doctor got in touch with the investigation manager to 'confess that you had left confidentiality in ruins' with an email to 19 consultants sent on December 29 2023, regarding the dispute which offered 'support' to Dr Upton and to 'condemn the actions' of Ms Peggie. Sandie Peggie and Dr Beth Upton were both working at the Victoria Hospital in Kirkcaldy (Jane Barlow/PA) Dr Searle said: 'I did not.' She denied attempting to 'bend the rules and transgress boundaries' by accompanying the junior doctor to an investigation meeting, and was accused by Ms Cunningham of 'turning up the temperature and increasing the emotional heat of the Datix report', the tribunal heard. Datix is a system used in healthcare settings to report incidents and manage risk, with a view to improving care. Dr Searle said: 'I reported it at time as I saw fit.' Ms Cunningham said: 'If the normal rules had been followed you wouldn't have been allowed to be present for Dr Upton's interview.' It was put to her that approaching a witness was a 'flagrant breach' of confidentiality. Dr Searle said: 'In hindsight, yes.' The barrister said priorities were 'surprising', and added: 'It seems you were more shocked by Sandie's refusal to play along with the pretence Dr Upton is a woman than about allegations of abandoning patients in resuscitation.' Dr Searle said: 'We didn't initially see they were big patient safety issues but, once it was all reported, we see they are.' She admitted adding the word 'rapist' to a Datix report although Dr Upton's account referred to a comment about prisons, the tribunal heard. Ms Cunningham said: 'You have added the word 'rapist' to the Datix haven't you?' Dr Searle said: 'What makes that comment so offensive and intimidating is the inference it is like Isla Bryson who is convicted male rapist, which is why its important to mention that on Datix.' She told the tribunal: 'I would not have known what sex Dr Upton was assigned at birth.' The consultant said she believed Ms Peggie had been cleared during a disciplinary 'due to lack of evidence', and 'believed and still do, that this was a hate incident', the tribunal heard. The tribunal continues.
The Herald Scotland
27 minutes ago
- The Herald Scotland
Consultant admits ‘flagrant breach of confidentiality' in Peggie gender dispute
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. On Wednesday, consultant Dr Kate Searle admitted she sought out a witness to patient safety allegations made by Dr Upton, which occurred previously in December 2023 but were unreported. Dr Searle sobbed when the woman was mentioned and alleged that the healthcare worker 'did not want to be involved in this for fear that, as a mixed race person, she feared Ms Peggie's views about her race would affect her going forward working in our department with Ms Peggie'. During cross-examination by Ms Peggie's barrister, Naomi Cunningham, Dr Searle admitted she had not been subject to disciplinary proceedings for it. Dr Searle agreed that the witness was 'the only person who was likely to be able to shed light on Dr Upton's claim that Ms Peggie refused to engage', in a resuscitation unit, however, she argued with Ms Cunningham about the woman's recollection of the incident. Sandie Peggie complained about having to share a changing rom with Dr Beth Upton (Andrew Milligan/PA) Ms Cunningham said the healthcare worker 'gave a clear answer that factually contradicted Dr Upton, as she said she recalled a conversation between Beth and Sandie, although couldn't recall details', during an internal probe, the tribunal heard. However, Dr Searle argued three times about the witness's recollection and concluded that the healthcare worker was 'contradicting herself', and said twice that she could not 'recall when it happened'. She said she 'couldn't recall' when she spoke to the healthcare worker, and admitted sending an email to 19 consultants on December 29 2023, describing the comments allegedly made by Ms Peggie as 'questioning her (Dr Upton's) whole being' the tribunal heard. Ms Cunningham asked if the doctor got in touch with the investigation manager to 'confess that you had left confidentiality in ruins' with an email to 19 consultants sent on December 29 2023, regarding the dispute which offered 'support' to Dr Upton and to 'condemn the actions' of Ms Peggie. Sandie Peggie and Dr Beth Upton were both working at the Victoria Hospital in Kirkcaldy (Jane Barlow/PA) Dr Searle said: 'I did not.' She denied attempting to 'bend the rules and transgress boundaries' by accompanying the junior doctor to an investigation meeting, and was accused by Ms Cunningham of 'turning up the temperature and increasing the emotional heat of the Datix report', the tribunal heard. Datix is a system used in healthcare settings to report incidents and manage risk, with a view to improving care. Dr Searle said: 'I reported it at time as I saw fit.' Ms Cunningham said: 'If the normal rules had been followed you wouldn't have been allowed to be present for Dr Upton's interview.' It was put to her that approaching a witness was a 'flagrant breach' of confidentiality. Dr Searle said: 'In hindsight, yes.' The barrister said priorities were 'surprising', and added: 'It seems you were more shocked by Sandie's refusal to play along with the pretence Dr Upton is a woman than about allegations of abandoning patients in resuscitation.' Dr Searle said: 'We didn't initially see they were big patient safety issues but, once it was all reported, we see they are.' She admitted adding the word 'rapist' to a Datix report although Dr Upton's account referred to a comment about prisons, the tribunal heard. Ms Cunningham said: 'You have added the word 'rapist' to the Datix haven't you?' Dr Searle said: 'What makes that comment so offensive and intimidating is the inference it is like Isla Bryson who is convicted male rapist, which is why its important to mention that on Datix.' She told the tribunal: 'I would not have known what sex Dr Upton was assigned at birth.' The consultant said she believed Ms Peggie had been cleared during a disciplinary 'due to lack of evidence', and 'believed and still do, that this was a hate incident', the tribunal heard. The tribunal continues.
Scotsman
an hour ago
- Scotsman
Consultant admits ‘flagrant breach of confidentiality' in Peggie gender dispute
Doctor sobs as she admits seeking out a witness to patient safety allegations made by transgender colleague Sign up to our daily newsletter – Regular news stories and round-ups from around Scotland direct to your inbox Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... A consultant sobbed as she spoke about her involvement in a dispute between a transgender doctor and a gender-critical nurse – as well as admitting a 'flagrant breach of confidentiality', a tribunal heard. 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 Christmas Eve 2023. Advertisement Hide Ad Advertisement Hide Ad She was placed on special leave after Dr Upton made an allegation of bullying and harassment and cited concerns about 'patient care'. Nurse Sandie Peggie complained about sharing a changing room with a transgender doctor | Lisa Ferguson 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. On Wednesday, consultant Dr Kate Searle admitted she sought out a witness to patient safety allegations made by Dr Upton, which occurred previously in December 2023 but were unreported. Dr Searle sobbed when the woman was mentioned and alleged that the healthcare worker 'did not want to be involved in this for fear that, as a mixed race person, she feared Ms Peggie's views about her race would affect her going forward working in our department with Ms Peggie'. Advertisement Hide Ad Advertisement Hide Ad During cross-examination by Ms Peggie's barrister, Naomi Cunningham, Dr Searle admitted she had not been subject to disciplinary proceedings for it. Dr Searle agreed that the witness was 'the only person who was likely to be able to shed light on Dr Upton's claim that Ms Peggie refused to engage', in a resuscitation unit, however, she argued with Ms Cunningham about the woman's recollection of the incident. Ms Cunningham said the healthcare worker 'gave a clear answer that factually contradicted Dr Upton, as she said she recalled a conversation between Beth and Sandie, although couldn't recall details', during an internal probe, the tribunal heard. However, Dr Searle argued three times about the witness's recollection and concluded that the healthcare worker was 'contradicting herself', and said twice that she could not 'recall when it happened'. Advertisement Hide Ad Advertisement Hide Ad She said she 'couldn't recall' when she spoke to the healthcare worker, and admitted sending an email to 19 consultants on December 29 2023, describing the comments allegedly made by Ms Peggie as 'questioning her (Dr Upton's) whole being' the tribunal heard. 'Confidentiality in ruins' Ms Cunningham asked if the doctor got in touch with the investigation manager to 'confess that you had left confidentiality in ruins' with an email to 19 consultants sent on December 29 2023, regarding the dispute which offered 'support' to Dr Upton and to 'condemn the actions' of Ms Peggie. Dr Searle said: 'I did not.' She denied attempting to 'bend the rules and transgress boundaries' by accompanying the junior doctor to an investigation meeting, and was accused by Ms Cunningham of 'turning up the temperature and increasing the emotional heat of the Datix report', the tribunal heard. Datix is a system used in healthcare settings to report incidents and manage risk, with a view to improving care. Dr Searle said: 'I reported it at time as I saw fit.' Advertisement Hide Ad Advertisement Hide Ad Ms Cunningham said: 'If the normal rules had been followed you wouldn't have been allowed to be present for Dr Upton's interview.' It was put to her that approaching a witness was a 'flagrant breach' of confidentiality. Dr Searle said: 'In hindsight, yes.' Dr Beth Upton | National World The barrister said priorities were 'surprising', and added: 'It seems you were more shocked by Sandie's refusal to play along with the pretence Dr Upton is a woman than about allegations of abandoning patients in resuscitation.' Dr Searle said: 'We didn't initially see they were big patient safety issues but, once it was all reported, we see they are.' Advertisement Hide Ad Advertisement Hide Ad She admitted adding the word 'rapist' to a Datix report although Dr Upton's account referred to a comment about prisons, the tribunal heard. Ms Cunningham said: 'You have added the word 'rapist' to the Datix haven't you?' Dr Searle said: 'What makes that comment so offensive and intimidating is the inference it is like Isla Bryson who is convicted male rapist, which is why its important to mention that on Datix.' Advertisement Hide Ad Advertisement Hide Ad She told the tribunal: 'I would not have known what sex Dr Upton was assigned at birth.' The consultant said she believed Ms Peggie had been cleared during a disciplinary 'due to lack of evidence', and 'believed and still do, that this was a hate incident', the tribunal heard.
