NHS consultant spoke to trans row witness despite warnings
Ms Peggie was suspended from work with NHS Fife after she told Dr Upton - a trans woman - not to be in the women's changing rooms.
Dr Searle, who was Dr Upton's line manager, became involved with the case on 29 December and helped file a report on the NHS's datex complaints system.During this period Dr Upton also accused Ms Peggie of walking out on treating a patient earlier in December due to the junior doctor's presence.Dr Searle later spoke to a healthcare assistant who was alleged to have witnessed this incident. However, the woman could not remember details of a conversation between Ms Peggie and Dr Upton.
Dr Searle said she could not recall whether she had this conversation before or after Angela Glancy - a senior charge nurse involved in the investigation - had spoken to the witness.Ms Peggie's lawyer Naomi Cunningham said if Dr Searle had spoken to the witness before investigators it would be "grossly improper" behaviour.She added: "What possible business did you have making contact with the witness, who was a witness to a live investigation or pending employment tribunal proceedings?"Dr Searle replied "no business".The consultant said she "probably" spoke to the healthcare assistant after Dr Glancy had done so, but could not be sure as "times have blurred into one" during the investigation.She later admitted that speaking to the witness was a "flagrant breach" of previous warnings not to discuss the case.
Dr Searle became emotional after Ms Cunningham named the healthcare worker, saying that the person involved was desperate to avoid any media attention.She had to leave the stand at that point, which Ms Cunningham later dubbed "an outburst". The lawyer suggested the emotion was not to do with any concern for the healthcare assistant but out of "a desire to protect yourself."Dr Searle denied this, and NHS Fife's lawyer Jane Russell said Ms Cunningham's questions on the matter "left a little to be desired".
Timeline of the Sandie Peggie tribunal
Giving evidence for a second day, Dr Searle was again quizzed regarding emails exchanged between senior staff in the aftermath of the Christmas Eve incident.Ms Cunningham focused on one message said to mention avoiding "foot in mouth syndrome" and that not all messages had been provided to the tribunal.She added Dr Searle's search for emails related to the case had either been "surprisingly incompetent or deliberately withholding" the email.Dr Searle said she rejected the latter suggestion.Ms Cunningham accused Dr Searle of "turning up the emotional heat" with how she reported the incident in the datex.She replied that she had reported the incident as she saw it, with a junior doctor upset about something that had happened at work.Dr Searle had told the tribunal on Tuesday she considered reporting the matter to Police Scotland as it could be considered a hate crime.Ms Cunningham asked Dr Searle if she would have recognised Dr Upton as trans if she had not been told, and claimed the junior doctor was "obviously male".The lawyer added that the Christmas Eve incident could have been resolved by Dr Upton leaving the changing room, rather than telling Ms Peggie to speak to management about it.Dr Searle said she disagreed this would have been a suitable way to end the altercation.The tribunal continues.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Times
an hour 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.
Powys County Times
an hour ago
- Powys County Times
Andrew Flintoff hails NHS staff who cared for him after car crash
Andrew 'Freddie' Flintoff has praised the 'love and compassion' of NHS staff who cared for him after his car crash at a Top Gear test track. The former international cricketer visited hospital workers who looked after him in the aftermath of the accident, which he described as 'the lowest I've ever been'. In December 2022, Flintoff sustained severe injuries while filming at the Dunsfold Aerodrome in Surrey for an episode of BBC show Top Gear. His surgeon described Flintoff's case as one of the most complex he has ever seen. The former international cricketer was airlifted to St George's Hospital in Tooting – a major trauma centre. 'I just want to say a massive thank you to all the staff at St George's,' Flintoff said. 'I came here probably the lowest I've ever been, in need of help and the expertise, the love, the compassion they showed me was incredible. 'I'll be eternally grateful – absolute superheroes.' Recalling the incident, consultant oral and maxillofacial surgeon Jahrad Haq, said: 'I was on call that day and received a phone call from the emergency department consultant. 'A lot of injuries are managed at a more junior level before escalating, so I knew this one was serious. 'Of all the trauma cases I've seen in over 20 years, this was among the most complex.' Shamim Umarji, consultant trauma and orthopaedic surgeon, said: 'It's very rewarding when patients come back and you get to see them not just as patients, but as people. It's a real privilege. 'When you see their recovery, you remember how important our job is. 'It was wonderful to see Freddie again and his visit gave staff a real boost. He spent a lot of time chatting to everyone and it meant a lot.' Kate Slemeck, managing director for St George's University Hospitals NHS Foundation Trust, said: 'I'm incredibly proud of the care we provide at St George's. 'It's always heart-warming to hear from patients about the expert care, compassion and kindness they've received from our clinical and support teams, and this shows the lasting impact they have on people, long after they've left hospital.' During a documentary about the accident, Flintoff described how he used the split-second decision-making from his cricketing days to try to reduce the impact of the crash. He said he was 'pulled face-down on the runway' for about 50 metres under the car. The former England star said he thought he had died in the accident. For months after the crash Flintoff disappeared from public view and would leave his house only for medical appointments
Daily Mail
an hour 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.
