Latest news with #KateSearle
Times
6 days ago
- Health
- Times
Nurse ‘questioned the being' of trans doctor, tribunal told
A veteran nurse 'questioned the being' of a transgender doctor by claiming they had no right to use female changing rooms, a senior NHS consultant had claimed. Kate Searle maintained that Beth Upton had been subjected to a 'hate incident' in a confrontation on Christmas Eve 2023, in which Sandie Peggie told the biologically male doctor, who identifies as female, they should not be in women's facilities. The senior clinician broke down in tears during her second day of giving evidence to Peggie's tribunal, in which the nurse is claiming she faced discrimination and harassment by NHS Fife and Upton as result of having to share female changing facilities with a colleague she considers male. On occasions, Searle contradicted the evidence other senior NHS Fife staff had given to the tribunal. She said she could 'not recall' lobbying against Peggie's return to work after a period of suspension.
Telegraph
6 days ago
- Health
- Telegraph
NHS investigation ‘bent the rules' in favour of trans doctor
The NHS investigation into a nurse who complained about a transgender doctor using a female hospital changing room repeatedly 'bent' impartiality rules, an employment tribunal has heard. Naomi Cunningham KC, barrister for nurse Sandie Peggie, said there was a 'pattern' of 'rules being bent and the usual boundaries transgressed' to favour trans medic Dr Beth Upton. She challenged Dr Kate Searle, an emergency medicine consultant at the Victoria Hospital in Kirkcaldy, Fife, that the 'usual rules don't apply when dealing with Dr Upton, do they?'. Dr Searle disagreed but Ms Cunningham pointed to an email she sent to Dr Upton, passing on a message of support from Jamie Doyle, the hospital's head of nursing. The barrister said Mr Doyle was involved in the investigation and 'shouldn't it have been obvious to both you and Jamie that that was a wholly improper message from him.' Dr Searle replied: 'In hindsight, yes.' Ms Cunningham highlighted that Dr Searle was allowed to be present during Dr Upton's interview for the investigation, despite also being a witness in the case. She read an email from Angela Glancey, a clinical nurse manager, in which it was stated that Dr Searle would be interviewed first as 'that way there's no conflict once we speak to Dr Upton'. Dr Searle replied that she did not know the rules but Ms Cunningham said: 'Once again, this is a situation where we see rules being bent and the usual boundaries transgressed for Dr Upton. That's what you want and Angela indulges you.' She disagreed but then admitted she had committed a 'flagrant breach' of an instruction not to discuss the case with others, by speaking with another witness. The tribunal had previously heard how Dr Searle had emailed 19 of the hospital's consultants shortly after the incident to state that Dr Upton 'knows we all support her, and that we condemn the actions of Sandie'. The row centres on an encounter between Ms Peggie and Dr Upton on Dec 24 2023. The nurse experienced a sudden and heavy period and feared that it had bled through to her scrubs. Ms Peggie entered the female hospital changing room to find Dr Upton and challenged the medic's presence. Within hours, a bullying complaint was lodged by Dr Upton and the nurse was then suspended. In May last year Ms Peggie submitted a formal claim to an employment tribunal against NHS Fife and Dr Upton for sexual harassment, belief discrimination and victimisation. The nurse complained of being required to share a single-sex space with someone she believed to be male and being victimised for holding a gender-critical belief that biological sex is immutable. It emerged last week that Ms Peggie had been cleared of gross misconduct by an NHS Fife disciplinary hearing. However, the employment tribunal continues. Dr Searle spoke with Dr Upton on the night of the changing room incident and helped the medic fill out an official report into the matter. 'Flagrant breach' After Dr Searle was questioned about her email to the other consultants, and being present at Dr Upton's interview, Ms Cunningham said: 'Usual boundaries (are) transgressed because it's Doctor Upton, because it's about Doctor Upton. That's right, isn't it? This is becoming a pattern, isn't it?' Dr Searle disagreed but Ms Cunningham highlighted her invitation to an investigation meeting that stated 'you should avoid discussing the case with anyone other than your representative to ensure your confidentiality and that of the other parties involved'. The doctor said she had taken that instruction 'seriously' but she said she had not told Ms Glancey about her email to the other consultants, or passing on good wishes from Mr Doyle to Dr Upton. Ms Cunningham highlighted that Dr Searle had also spoken with the only third-party witness who could substantiate a claim that Ms Peggie had refused to communicate with Dr Upton over a patient. The barrister said the conversation was a 'flagrant breach' of the warning not to discuss the case with others. Dr Searle replied: 'In hindsight now, yes.' The doctor also agreed that a large man in men's clothes should not be allowed to use the female changing room if he self-identified as a woman. But she denied that Dr Upton was 'obviously male', saying she would not have known what sex the medic was 'assigned at birth' unless she had been told. The tribunal continues.
BBC News
6 days ago
- Health
- BBC News
NHS consultant spoke to trans row witness despite warnings
An NHS consultant has admitted that she spoke to a potential witness despite being warned not to do so during an investigation into an altercation between a transgender doctor and a nurse.A healthcare assistant was alleged to have witnessed a separate incident involving nurse Sandie Peggie and Dr Beth Upton, days before they were involved in an encounter in a changing room at the Victoria Hospital in Kirkcaldy on Christmas Eve questioning from Ms Peggie's lawyer at a tribunal, Dr Kate Searle admitted that talking to the witness had been a "flagrant breach" of previous warnings not to discuss the she denied claims that she "left confidentiality in ruins" with her actions. 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 this period Dr Upton also accused Ms Peggie of walking out on treating a patient earlier in December due to the junior doctor's 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 Peggie's lawyer Naomi Cunningham said if Dr Searle had spoken to the witness before investigators it would be "grossly improper" 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 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 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 Cunningham focused on one message said to mention avoiding "foot in mouth syndrome" and that not all messages had been provided to the added Dr Searle's search for emails related to the case had either been "surprisingly incompetent or deliberately withholding" the Searle said she rejected the latter Cunningham accused Dr Searle of "turning up the emotional heat" with how she reported the incident in the replied that she had reported the incident as she saw it, with a junior doctor upset about something that had happened at Searle had told the tribunal on Tuesday she considered reporting the matter to Police Scotland as it could be considered a hate 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 Searle said she disagreed this would have been a suitable way to end the tribunal continues.
Times
7 days ago
- Health
- Times
Trans row nurse Sandie Peggie was viewed as misbehaving, lawyer claims
A veteran nurse was viewed as 'misbehaving' for refusing to share a female changing room with a transgender doctor, her lawyer has claimed in a landmark tribunal. Dr Kate Searle, an A&E consultant, recalled being told about two occasions when Sandie Peggie left the women's changing facilities at Victoria Hospital, Kirkcaldy, when Dr Beth Upton entered, causing the doctor to feel 'uncomfortable'. She said that Peggie could have been reported to her manager, but Upton, who is biologically male but identifies as female, deciding against pursuing the matter further. Peggie confronted Upton on the third occasion on which they met in the female-only space, on Christmas Eve 2023, claiming the doctor had no right to be there. This led to Peggie's suspension from work and an 18-month internal investigation, in which the nurse was cleared last week. Peggie had been warned that she could have been sacked, after a 30-year career, had the health board found against her. The nurse is taking action against NHS Fife and Upton, claiming she faced harassment and discrimination as a result of the changing rooms policy. Searle was Upton's line manager and, giving evidence on Tuesday, said that the doctor had informed her about the two occasions, in August and October 2023, in which Peggie had left the changing room when Upton entered, without saying anything. Documentation showed that Upton had been given the option by Searle to 'take the matter further' in late October that year. Searle said that, had Upton pursued this option, it could have meant an informal conversation 'between parties' or talking to Peggie's manager. 'At the time you discussed this with Dr Upton both you and he [Upton] considered Sandie's choice to remove herself from the changing room if he was there, to be misbehaving, didn't you?' Naomi Cunningham, Peggie's lawyer, said. 'She was behaving badly and making him [Upton] feel uncomfortable.' Searle replied: 'Beth felt uncomfortable that Sandie appeared to not want to engage, she was the only one behaving like this and that was why Beth felt uncomfortable with someone behaving differently like that. I don't agree we would have classed it as misbehaviour.' The tribunal has previously been told how Searle rallied behind Upton after the doctor raised a formal complaint about the changing room row. Upton later took sick leave due to the anxiety resulting from the confrontation. The consultant said she had checked when introducing Upton to the department, in August 2023, that the doctor was comfortable using the female facilities. Searle agreed with Cunningham that she had proceeded on the basis that it wasn't 'anyone else's business' whether Upton, who began transitioning to live as female in January 2022, was going to use the women's changing room or not. 'Beth identifying as a female has every right, under the Equality and Human Right Commission Act [sic] to use the facilities under the gender in which she identifies,' Searle said. However, she went on to admit that many women may feel uncomfortable about taking their clothes of in the presence of a man. Cunningham put it to Searle that her suggestion that she might have facilitated a conversation between the nurse and Upton 'about why she wasn't willing to take her clothes off in a room that he was present in' would have been 'a very long way from kind or compassionate' to Peggie. The consultant had earlier said possible approaches to resolve the situation of Peggie leaving the changing rooms when Upton entered could have involved a discussion of 'views between people' or a speaking to Peggie's 'line manager.' Searle added: 'That's not how I would have directly approached them nor how I did directly approach it. I was suggesting ways that you might manage a situation when two parties are uncomfortable. 'We would have discussed, if Dr Upton felt very uncomfortable and it was affecting them in coming to work, then it would have been appropriate to take it further, whether it's just a discussion between parties to say how can we work through this together, with compassion and kindness and to make sure everyone is safe.' Cunningham put it to Searle that Peggie was clearly feeling uncomfortable with sharing facilities with Upton, after being told about the two occasions in which the nurse self-excluded from female changing rooms. The lawyer asked: 'What steps did you take to offer her any compassion or kindness?' Searle replied: 'I didn't make that approach.' Meanwhile, Searle was also confronted with emails between witnesses involved in the investigation into Peggie's conduct. An email sent on January 5, 2024, stated that 'information must not be shared outside this group as risk of foot in mouth syndrome — it is quite a serious risk of foot in mouth syndrome'.' Searle said 'in hindsight we should not have written these things' but denied deliberately attempting to 'conceal the wrongdoing of colleagues.' The email had not been provided initially in disclosures of evidence by NHS Fife. The tribunal continues.
Times
7 days ago
- Health
- Times
Sandie Peggie was viewed as misbehaving, lawyer claims
A veteran nurse was viewed as 'misbehaving' for refusing to share a female changing room with a transgender doctor, her lawyer has claimed in a landmark tribunal. Dr Kate Searle, an A&E consultant, recalled being told about two occasions when Sandie Peggie left the women's changing facilities at Victoria Hospital, Kirkcaldy, when Dr Beth Upton entered, causing the doctor to feel 'uncomfortable'. She said that Peggie could have been reported to her manager, but Upton, who is biologically male but identifies as female, deciding against pursuing the matter further. Peggie confronted Upton on the third occasion on which they met in the female-only space, on Christmas Eve 2023, claiming the doctor had no right to be there. This led to Peggie's suspension from work and an 18-month internal investigation, in which the nurse was cleared last week. Peggie had been warned that she could have been sacked, after a 30-year career, had the health board found against her.
