Consultant believed dispute over female changing room 'was hate incident', Sandie Peggie tribunal told
Ms Peggie was suspended after she objected to having to share a female changing room with Dr Upton at Victoria Hospital in Kirkcaldy on Christmas Eve 2023.
She was placed on special leave after the doctor 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 Tuesday, Dr Kate Searle, a consultant in emergency medicine, told the tribunal that Dr Upton was "very open" about their trans status during a job interview, and had been out for around a year in August 2023.
Dr Searle said that she had known Ms Peggie during her 11-year career at NHS Fife but was unaware of her gender critical views.
She said she had asked Dr Upton "if she was happy using female changing rooms" in August 2023 during an induction and "didn't make any other suggestions".
Dr Searle said she emailed equality lead Isla Bumba on 8 December 2023 to ask if NHS Fife had a policy to support transgender staff but was told it did not.
On her return to work on 29 December 2023, Dr Searle read an email from Dr Elspeth Pitt regarding an "upsetting interaction with another member of staff" and an email from Dr Upton from Christmas Day, alleging Ms Peggie had told her "she can't be in the female changing room, it's wrong and lots of others feel this way" and "she continued to tell me she is intimidated, she told me women have a right to feel safe", and made a comment about "prisons".
Dr Searle said: "To me that was likening the situation to the Isla Bryson case that was very well publicised. Isla Bryson was a convicted rapist who was housed temporarily in a female prison."
She said she was "very concerned" and "knew there wasn't an NHS Fife policy", adding that "according to the hate incident policy it is verbal harassment".
Dr Searle said she had a meeting with Dr Upton at 5pm who was "shaken and distressed", and they completed a Datix internal report together.
Dr Searle said: "We discussed reporting the incident to the police as that's again what is recommended in NHS Fife policy.
"Beth said she would think about it, we looked at her shift patterns to see when she was next due to be in and if she felt safe to do that."
She told the tribunal Dr Upton mentioned two other alleged incidents with Ms Peggie.
In one it was alleged that Ms Peggie was undertaking nursing observations (obs) in a resuscitation unit, with Dr Searle saying she was told: "When Beth walked in Ms Peggie left. Beth said 'do you want me to finish doing obs?'
"Ms Peggie said 'you can finish doing them yourself', and left the room."
Another alleged incident was said to have involved a patient in a suspected mental health crisis leaving.
Dr Searle said that when Dr Upton went to look for Ms Peggie, the nurse "would only speak to her through another member of nursing staff".
She added: "That would make me somewhat concerned for patient safety; in our team we need to communicate very well between ourselves to ensure patient safety."
Dr Searle said she had spoken to the healthcare worker, adding: "I asked if she recalled the situation and she was concerned about getting involved in any discussions about the incident because she said 'I am mixed race and I am worried about getting involved in this for my own safety'."
Counsel for both respondents, Jane Russell KC, asked: "What do you think she meant?"
Dr Searle replied that the case had a "lot of press attention", adding: "Any staff being involved in the case have felt under scrutiny and concerned that their views will be widely publicised when they wouldn't otherwise."
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