Latest news with #NHS Fife
The Independent
33 minutes ago
- Health
- The Independent
Emails discussing nurse probe should not have been written, Peggie tribunal told
Emails between witnesses discussing an investigation into a gender critical nurse who was suspended following a dispute with a transgender doctor 'should not have been written', a consultant told a tribunal. Sandie Peggie was suspended after she complained about having to share a changing room with transgender medic Dr Beth Upton at Victoria Hospital, Kirkcaldy, Fife, on Christmas Eve 2023. She was placed on special leave after Dr Upton 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. The tribunal resumed in Dundee on July 16 after an initial set of hearings in February. On Tuesday, Dr Kate Searle, a consultant in emergency medicine, gave evidence and denied 'deliberately concealing' an email sent on January 5 2024 by fellow consultant Maggie Currer, with six potential witnesses plus Dr Upton included. Barrister Naomi Cunningham, representing Ms Peggie, said: 'I want to suggest you deliberately concealed it to conceal wrongdoing of colleagues.' Dr Searle said: 'It would be dishonest to do that and I'm a doctor who acts as honestly as I can at all times.' In her evidence, Dr Searle said that she had no concerns about Dr Upton's allegations as the General Medical Council requires 'honesty and integrity'. However, she said she was 'never informed' that a referral to the Nursing and Midwifery Council had been made, the tribunal heard. She said that she emailed Dr Upton with others included later in January to give an 'update' on the investigation. But during cross-examination, Dr Searle admitted 'that we should not have written these things in a group email to witnesses'. Ms Cunningham said the email on January 5 2024 was 'seriously embarrassing to the respondents' and said it 'appears to be an intention to set up and co-ordinate a group who should not be talking about this as they're witnesses'. She added: 'It says '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'.' Dr Searle said: 'I can appreciate that in hindsight we should not have written these things in a group email to witnesses.' Ms Cunningham quoted from Dr Upton's evidence, including that using female changing rooms was 'a thing I have been instructed to be the most appropriate', and describing biological sex as a 'nebulous dog whistle'. Dr Searle denied telling the junior doctor to use female facilities, and said: 'Definitely no instructions were given.' She agreed that biological sex was 'significant', but when the term 'nebulous dog whistle' was put to her, she denied knowing what it meant. Ms Cunningham said: 'I think it must follow that anyone who describes biological sex as a 'nebulous dog whistle' would be talking obvious nonsense.' Dr Searle said: 'I'm not sure what that means.' The witness said she emailed Equalities lead Isla Bumba on December 8 2023 as Dr Upton felt 'uncomfortable' about Ms Peggie 'self-excluding' from the female changing room, but said she 'didn't recall' raising the possibility of taking it further, as mentioned in an internal investigation. She said she Googled policies around self-identification, and added: 'I'm not a law expert – if you Google it, it comes up under Equality Act, there are many references to toilets and changing rooms. I subsequently emailed Isla Bumba who is much more expert in Equalities than me. She agreed there is no policy.' The consultant denied that she perceived self-exclusion as 'misbehaviour'. Dr Searle said: 'We would have discussed it if Dr Upton was very uncomfortable and it was affecting them'. She said a discussion would have involved 'compassion and kindness', but added: 'It doesn't sound otherwise like there's anything to take further.' Ms Cunningham said: 'At the time you discussed it with Dr Upton you considered this to be misbehaviour, she (Ms Peggie) was behaving badly and making him feel uncomfortable.' However, Dr Searle said: 'Beth felt uncomfortable that Sandie appeared to not want to engage.' Ms Cunningham said: 'My question was: both you and he regarded Sandie's conduct in removing herself a form of misbehaviour?' Dr Searle said: 'I don't agree we would have classed it as misbehaviour.' Ms Cunningham said: 'I think you've already confirmed that email to Isla Bumba on December 8 was prompted by a conversation about Sandie removing herself from the changing room when he was there, that's right? 'You ask if there's any policies around transgender staff and suggest Dr Upton might be keen to help develop some; is it fair for the tribunal to infer the possibility of developing policies to make it easier for Dr Upton to take matters further?' Dr Searle said: 'No, I don't agree. I think there needs to be an NHS Fife policy on how everyone can feel comfortable in changing areas of their choosing.' The tribunal continues.
Sky News
an hour ago
- Health
- Sky News
Consultant believed dispute over female changing room 'was hate incident', Sandie Peggie tribunal told
A consultant who helped fill in a report following a dispute between nurse Sandie Peggie and transgender doctor Beth Upton said she "believed it was a hate incident" and considered getting police involved, a tribunal has heard. 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."
The Independent
an hour ago
- Health
- The Independent
Consultant believed dispute over female changing rooms ‘was hate incident'
A consultant who helped fill in a report following a dispute between a transgender doctor and a gender critical nurse in the female changing rooms said she 'believed it was a hate incident' and considered getting police involved, a tribunal heard. Sandie Peggie was suspended after she complained about having to share a changing room with transgender medic Dr Beth Upton at Victoria Hospital, Kircaldy, Fife, on Christmas Eve 2023. She was placed on special leave after Dr Upton 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. The tribunal resumed in Dundee on July 16 after an initial set of hearings in February. On Tuesday, Dr Kate Searle, a consultant in emergency medicine, said 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, the tribunal heard. 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, and 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'. She said she emailed equality lead Isla Bumba on December 8 2023 to ask if NHS Fife had a transgender policy but was told it did not. Dr Searle said: 'I asked her if she was happy using female changing rooms, she said yes, I had nothing else to add.' She said she emailed Ms Bumba as 'we've got our first transgender doctor working, there's very little information available', hoping there would be an NHS Fife policy on 'supporting transgender staff in their workplace', the tribunal heard. On her return to work after Christmas, on December 29 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', the tribunal heard. 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 temporally 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', the tribunal heard. She 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 looked at NHS Fife's hate incident policy and recognised this required a Datix to be completed, so we completed that together, 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 added that Dr Upton 'mentioned two other incidents she had had with Sandie where she had felt the interaction was affected by Ms Peggie's feelings towards her as a transgender woman', and alleged that in one incident in a resuscitation unit 'Ms Peggie was doing nursing obs (observations) on a patient; 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', the tribunal heard. She alleged that another incident involved a patient in a suspected mental health crisis leaving, and said that when Dr Upton went to look for Ms Peggie, the nurse 'would only speak to her through another member of nursing staff', the tribunal heard. Dr Searle said: 'That would make me somewhat concerned for patient safety; in our team we need to communicate very well between ourselves to ensure patient safety.' She said she had spoken to the healthcare worker, and added: '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, said: 'What do you think she meant?' Dr Searle said: 'This legal case where there is a lot of press attention and 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.' She said she completed the Datix as 'NHS staff must record all hate incidents' and added: 'We talked about reporting to the police, that's mentioned for hate incidents.' The tribunal continues.
The Independent
a day ago
- Health
- The Independent
Dispute between Sandie Peggie and transgender doctor posed ‘no risk to patients'
A dispute between a gender critical nurse and a transgender doctor was treated as a claim and counter-claim disagreement by a manager tasked with a suspension review who found there was no risk to patients, a tribunal heard. Nurse Sandie Peggie was suspended after she complained about having to share a changing room with trans medic Dr Beth Upton at the Victoria Hospital in Kirkcaldy, Fife, on Christmas Eve 2023. She was placed on special leave and then suspended after Dr Upton 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. The tribunal resumed in Dundee on July 16 after an initial set of hearings in February. On Monday at the tribunal, service manager Lottie Myles said she perceived the dispute which led to Ms Peggie being suspended as a 'she said/she said' situation, and there was 'nobody who could provide evidence'. Ms Myles said she was tasked with conducting a suspension review on February 27 2024, and was told by the nurse's manager, Esther Davidson, that Ms Peggie was 'anti-trans', and 'had transphobic views because of an incident that occurred in the changing room'. She said that Ms Davidson alleged Ms Peggie had 'some gender critical beliefs, and some other beliefs which she has which may not be everybody's belief', an hour before a suspension review meeting, but Ms Myles said she was not given any documentation to examine prior to the review. During the tribunal, counsel for NHS Fife, Jane Russell KC, asked about these 'other beliefs'. Ms Myles said: 'There was views that Sandie was homophobic and there were elements of racism in her beliefs. It's hearsay. I try to disregard views which haven't been documented or there's little evidence of.' She noted that Ms Peggie referred to Dr Upton using 'male terminology', but said that she believed Ms Peggie's feelings about Dr Upton were 'circumstantial', and later challenged why allegations she branded 'hearsay' had not been documented or escalated, the tribunal heard. Ms Russell said: 'Arising out of this meeting, what was your opinion about how Sandie Peggie really felt about Dr Upton?' The witness said: 'I think Sandie probably wasn't too happy with Dr Upton but I think that was more from the incident which had happened. In summary notes, I had asked if she was to treat a patient who was transgender, would she treat them differently? 'I was reassured she said she wouldn't treat anyone trans differently; I felt that it was circumstantial.' Ms Russell asked for the witness's views on how Ms Peggie 'might deal with transgender patients' after a suspension review meeting on March 7 2024. Ms Myles said: 'I felt reassured she wouldn't treat them differently. Sandie has been a nurse for 30 years, I'm sure in that time she has dealt with transgender patients. I felt there were no safety concerns.' She said she referred to the Nursing and Midwifery Council code, including on freedom of expression, and the Equality Act 2010 which she described as a 'grey area in a lot of workplaces', and said there were 'several reasons' why she lifted the suspension, the tribunal heard. Ms Myles said: 'I wanted to be sure I wouldn't be treating either party in breach of the Equality Act. I wanted to have Dr Upton and Sandie Peggie treated fairly and equally.' She said that a meeting between herself, Ms Peggie and Royal College of Nursing rep Stuart Fraser was 'very difficult' and 'emotional' for Ms Peggie, who was determined to return to the Emergency Department rather than be moved to another department managed by Ms Myles, the tribunal heard. Ms Myles said: 'I wanted both parties to be treated fairly and equally. The situation was 'she said/ she said', we were limited on witnesses and things being documented.' The witness said that a return to work would be 'beneficial' for Ms Peggie, and that she wanted to 'make it as seamless as possible', after discussions about moving departments and moving onto dayshifts were both rejected, the tribunal heard. Giving evidence, Ms Myles said she was aware of reports of 'negative interactions', which she branded 'hearsay'. Ms Myles said: 'I actually challenged that by saying: 'Why wasn't this documented? Why wasn't it escalated?' Nobody could confirm, but I felt that was hearsay. I felt that to try to prevent any other allegations from happening having a senior team member on duty would be supportive for her.' She said it was agreed to put the pair on 'opposite shifts' and for Ms Peggie to be supervised during a phased return, describing it as a 'compromise', the tribunal heard. Ms Myles said that her involvement ceased around April 19 at the request of head of nursing Gillian Malone, and she had no role in the investigation. The tribunal continues.
Sky News
a day ago
- Health
- Sky News
Dispute between nurse Sandie Peggie and transgender doctor Beth Upton posed 'no risk to patients'
A dispute between a gender critical nurse and a transgender doctor was treated as a claim and counter-claim disagreement by a manager tasked with a suspension review who found there was no risk to patients, a tribunal has heard. Nurse Sandie Peggie was suspended after she objected to having to share a changing room with Dr Beth Upton at the Victoria Hospital in Kirkcaldy, Fife, on Christmas Eve 2023. Ms Peggie was placed on special leave and then suspended 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. Service manager Lottie Myles told the tribunal on Monday she perceived the dispute which led to Ms Peggie being suspended as a "she said/she said" situation, and there was "nobody who could provide evidence". Ms Myles said she was tasked with conducting a suspension review on 27 February 2024, and was told by the nurse's manager, Esther Davidson, that Ms Peggie was "anti-trans" and "had transphobic views because of an incident that occurred in the changing room". She said Ms Davidson alleged Ms Peggie had "some gender critical beliefs" alongside others that "may not be everybody's belief", an hour before a suspension review meeting. However, Ms Myles said she was not given any documentation to examine prior to the review. Jane Russell KC, counsel for NHS Fife, asked about these "other beliefs". Ms Myles said: "There was views that Sandie was homophobic and there were elements of racism in her beliefs. It's hearsay. I try to disregard views which haven't been documented or there's little evidence of." She noted Ms Peggie referred to Dr Upton using "male terminology", but said she believed Ms Peggie's feelings about Dr Upton were "circumstantial", and later challenged why allegations she branded "hearsay" had not been documented or escalated. Ms Myles said: "I think Sandie probably wasn't too happy with Dr Upton, but I think that was more from the incident which had happened. "In summary notes, I had asked if she was to treat a patient who was transgender, would she treat them differently. I was reassured she said she wouldn't treat anyone trans differently; I felt that it was circumstantial." Ms Russell asked for Ms Myles's views on how Ms Peggie "might deal with transgender patients" after a suspension review meeting on 7 March 2024. Ms Myles replied: "I felt reassured she wouldn't treat them differently. Sandie has been a nurse for 30 years, I'm sure in that time she has dealt with transgender patients. I felt there were no safety concerns." She said she referred to the Nursing and Midwifery Council (NMC) code, including on freedom of expression, and the Equality Act 2010 which she described as a "grey area in a lot of workplaces", and said there were "several reasons" why she lifted the suspension. Ms Myles said: "I wanted to be sure I wouldn't be treating either party in breach of the Equality Act. I wanted to have Dr Upton and Sandie Peggie treated fairly and equally." She said a meeting between herself, Ms Peggie and Royal College of Nursing (RCN) representative Stuart Fraser was "very difficult" and "emotional" for Ms Peggie, who was determined to return to the emergency department rather than be moved to another department managed by Ms Myles. Ms Myles said: "I wanted both parties to be treated fairly and equally. The situation was 'she said/she said', we were limited on witnesses and things being documented." Ms Myles said a return to work would be "beneficial" for Ms Peggie, and that she wanted to "make it as seamless as possible", after discussions about moving departments and moving on to dayshifts were both rejected. Ms Myles said she was aware of reports of "negative interactions", which she branded "hearsay". She said: "I actually challenged that by saying, 'why wasn't this documented? Why wasn't it escalated?' "Nobody could confirm, but I felt that was hearsay. I felt that to try to prevent any other allegations from happening, having a senior team member on duty would be supportive for her." Ms Myles said it was agreed to put the pair on "opposite shifts" and for Ms Peggie to be supervised during a phased return, describing it as a "compromise". Ms Myles said her involvement ceased around 19 April at the request of head of nursing Gillian Malone, and she had no role in the investigation.
