23-07-2025
Trans doctor's boss breaks down in tears while being questioned at tribunal
A medical consultant broke down in tears while being quizzed at a landmark employment tribunal.
Dr Kate Searle, a consultant in emergency medicine, sobbed as she defended her actions in the dispute between trans medic Dr Beth Upton and veteran nurse Sandie Peggie.
At one point proceedings were halted to allow Dr Searle, who has worked for NHS Fife for 11 years, to compose herself.
It came during an intensive day of cross-examination of the trans medic's boss by Ms Peggie's legal team as part of the high-profile employment tribunal brought against NHS Fife and Dr Upton.
The nurse was suspended from her work at Victoria Hospital, in Kirkcaldy, after she challenged the 30-year-old doctor in the female-only changing room on Christmas Eve 2023.
Last week the 51-year-old was cleared of gross misconduct but the separate employment tribunal continues.
Ms Peggie brought the legal action saying her treatment is against the Equality Act.
Dr Upton has alleged that there have been patient safety concerns involving the nurse.
A healthcare assistant is said to be witness to one of two claimed incidents but when the worker's name was mentioned Dr Searle began sobbing, and told the court: 'I am worried involving someone who doesn't want to be involved in the press in this case. It's not fair on her.'
The hearing was brought to a halt, but resumed about five minutes later.
Ms Peggie's lawyer, Naomi Cunningham, told the tribunal the healthcare assistant was an 'important witness in the investigation' because she was the only person who was able to shed any light on Dr Upton's allegation the claimant refused to engage with the medic in relation to a patient who had gone away without being seen.
But she said the healthcare assistant's account 'contradicted' Dr Upton's stance who said there had been no conversation while the worker remembered there being one.
The tribunal then heard of a subsequent discussion between the consultant and healthcare assistant, but Dr Searle could not remember when.
Dr Searle said she sought out the worker because she was supporting Dr Upton and the medic had identified her as witnessing one of the incidents which needed evidence.
Ms Cunningham said the consultant had been 'determinedly acting on Dr Upton's behalf' to try to round up evidence in support of Dr Upton's version of events, but Dr Searle told her she asked to see 'if her story supported Beth's'.
Amid the intense cross-examination the lawyer put it to the witnesses: 'Were you horrified when I mentioned her name, not out of a desire to protect her but out of a desire to protect yourself from the possible consequences of making up something about what she'd said?'
Dr Searle told her: 'No, absolutely not.'
At this point NHS Fife KC Jane Russell said the witness had become 'visibly distressed', but Dr Searle said she could continue with her evidence.
The alleged patient safety incidents were not reported at the time they were said to have happened, and Dr Searle said she did not agree with Ms Cunningham's suggestion that this was the case because 'they didn't happen'.
Dr Searle said it was 'offensive and objectional' to have challenged Dr Upton in the women's changing room.
She told Ms Cunningham: 'If everybody was just kind to each other and went about these things in another way, there was no reason for it to come to this.'
Dr Searle had sent an email to other consultants working in the hospital's emergency department - in which she condemned Ms Peggie's actions.
But Ms Cunningham said the consultant had 'left confidentiality in ruins' by sending that email while an investigation was ongoing adding the conversation with the healthcare worker was a 'flagrant breach' in confidentiality.
Dr Searle admitted: 'In hindsight, yes.'
The tribunal also heard Ms Russell object to Dr Upton being called a man by Ms Cunningham, but insist 'she's a trans woman'.
Ms Cunningham said the For Women Scotland Supreme Court ruling in April meant 'legally speaking a trans woman is a man so there was a man in the women's changing room', but Ms Russell said she disagreed with that summary.
Put to the witness that Dr Upton was 'obviously male', Dr Searle said 'no' and that she would 'not have known what sex Dr Upton was assigned at birth'.
Meanwhile, employment judge Sandy Kemp yesterday said he would not issue an order against NHS Fife following their stunning intervention in the case last week.
Mr Kemp said: 'I have considered the press release issued by the first respondent on July 18, 2025, which had been addressed in submission by the parties, and it was decided to make no order in relation to it.'
The tribunal, being heard in Dundee, continues.
