Manager denies health board sought to 'punish' trans row nurse
Ms Peggie and Dr Upton had an encounter on Christmas Eve 2023 that led to the nurse being suspended from work after a row over whether the doctor should be in the women's changing rooms at the Victoria Hospital in Kirkcaldy.Ms Glancy became involved in the case in late February 2024.Ms Glancy said a combination of diary commitments, sickness and annual leave meant she could not conduct interviews until late April and her final report into the matter was completed in December 2024.She told NHS Fife and Dr Upton's lawyer Jane Russell she believed staff "shouldn't be confronting colleagues" and that if someone had an issue or a problem with a colleague they should speak to a line manager.
The clinical nurse manager denied a suggestion from Ms Peggie's lawyer Naomi Cunningham she deliberately put off informing the nurse about further allegations against her.Ms Cunningham suggested the delays were because NHS Fife was in "turmoil" about whether the additional claims - regarding whether Ms Peggie had previously refused to engage with the doctor about a patient - could be "pinned" on the nurse.Ms Glancy said this was not true, as she had not shared any details of her findings with management.She also rejected the suggestion she was "very anxious" about challenging Dr Upton regarding evidence in the case.Ms Cunningham asked if Ms Glancy had looked into claims by Ms Peggie that the junior doctor was a "known troublemaker", to which she replied that she was looking into the Christmas Eve incident, not Dr Upton.
Timeline of the Sandie Peggie tribunal
The lawyer queried whether the fact that Dr Kate Searle, Dr Upton's supervisor, had sent emails to other members of staff expressing support for the junior doctor had compromised Ms Glancy's investigation.Ms Cunningham said Dr Searle - who gave evidence over two days earlier in the week - had been "vigorously briefing" against Ms Peggie with her actions. Ms Glancy replied that none of the people in the email chain were involved in her investigation and therefore it did not affect her findings. Dr Searle gave evidence during the internal investigation and also attended Dr Upton's session with Ms Glancy, which Ms Peggie's legal team said was bending the rules.Ms Glancy said it was allowed for people in a tribunal to have a colleague there for support, and "not unusual".
No notes kept for second meeting
Ms Cunningham suggested an email exchange between Dr Upton and Ms Glancy regarding the 18 December incident indicated "a clear steer" to the clinical nurse manager to not investigate it any further.The lawyer said this was because it would be proven to be false and "should be career-ending for Dr Upton."Ms Glancy disagreed with this, saying she had continued to investigate the 18 December incident by speaking to a healthcare assistant on shift on that day. She later added she felt the healthcare worker's evidence - that Dr Upton and and Ms Peggie had a conversation but she could not recall details - did not contradict Dr Upton's prior claim that Ms Peggie had left without saying anything, as it was uncertain how much was said between them. Ms Glancy confirmed she had a second meeting with Dr Upton after their initial session during the investigation, where they discussed changes to the doctor's evidence.She said these changes were mostly grammatical but admitted there were no notes kept of this meeting.Anne Hamilton, an HR adviser with NHS Fife, later told the tribunal this was "not ideal" but that meetings did not need to always have notes taken.
The respective legal teams also clashed over language used by Ms Cunningham, where she repeatedly referred to Dr Upton as male and said this was the "correct sex".Ms Russell said this was creating a hostile environment for the witness and confusing Ms Glancy into accidently misgendering the doctor - something Ms Cunningham denied. Ms Hamilton later said she agreed Ms Glancy's report had been made without interference from others.She added Dr Searle giving both evidence and then supporting Dr Upton during the investigation was not ideal, but there was nothing in policy against it. The tribunal continues.
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