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NHS consultant admits 'flagrant breach of confidentiality' during Sandie Peggie gender dispute
NHS consultant admits 'flagrant breach of confidentiality' during Sandie Peggie gender dispute

Daily Record

time7 hours ago

  • Health
  • Daily Record

NHS consultant admits 'flagrant breach of confidentiality' during Sandie Peggie gender dispute

Dr Kate Searle was. on the stand at a. tribunal. A consultant sobbed as she spoke about her involvement in a dispute between a transgender doctor and a gender-critical nurse - as well as admitting a "flagrant breach of confidentiality", 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, 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. On Wednesday, consultant Dr Kate Searle admitted she sought out a witness to patient safety allegations made by Dr Upton, which occurred previously in December 2023 but were unreported. ‌ Dr Searle sobbed when the woman was mentioned and alleged that the healthcare worker "did not want to be involved in this for fear that, as a mixed race person, she feared Ms Peggie's views about her race would affect her going forward working in our department with Ms Peggie". Join the Daily Record WhatsApp community! Get the latest news sent straight to your messages by joining our WhatsApp community today. You'll receive daily updates on breaking news as well as the top headlines across Scotland. No one will be able to see who is signed up and no one can send messages except the Daily Record team. All you have to do is click here if you're on mobile, select 'Join Community' and you're in! If you're on a desktop, simply scan the QR code above with your phone and click 'Join Community'. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. To leave our community click on the name at the top of your screen and choose 'exit group'. If you're curious, you can read our Privacy Notice. During cross-examination by Ms Peggie's barrister, Naomi Cunningham, Dr Searle admitted she had not been subject to disciplinary proceedings for it. ‌ Dr Searle agreed that the witness was "the only person who was likely to be able to shed light on Dr Upton's claim that Ms Peggie refused to engage", in a resuscitation unit, however, she argued with Ms Cunningham about the woman's recollection of the incident. Ms Cunningham said the healthcare worker "gave a clear answer that factually contradicted Dr Upton, as she said she recalled a conversation between Beth and Sandie, although couldn't recall details", during an internal probe, the tribunal heard. However, Dr Searle argued three times about the witness's recollection and concluded that the healthcare worker was "contradicting herself", and said twice that she could not "recall when it happened". ‌ She said she "couldn't recall" when she spoke to the healthcare worker, and admitted sending an email to 19 consultants on December 29 2023, describing the comments allegedly made by Ms Peggie as "questioning her (Dr Upton's) whole being" the tribunal heard. Ms Cunningham asked if the doctor got in touch with the investigation manager to "confess that you had left confidentiality in ruins" with an email to 19 consultants sent on December 29 2023, regarding the dispute which offered "support" to Dr Upton and to "condemn the actions" of Ms Peggie. ‌ Dr Searle said: "I did not." She denied attempting to "bend the rules and transgress boundaries" by accompanying the junior doctor to an investigation meeting, and was accused by Ms Cunningham of "turning up the temperature and increasing the emotional heat of the Datix report", the tribunal heard. Datix is a system used in healthcare settings to report incidents and manage risk, with a view to improving care. Dr Searle said: "I reported it at time as I saw fit." ‌ Ms Cunningham said: "If the normal rules had been followed you wouldn't have been allowed to be present for Dr Upton's interview." It was put to her that approaching a witness was a "flagrant breach" of confidentiality. Dr Searle said: "In hindsight, yes." The barrister said priorities were "surprising", and added: "It seems you were more shocked by Sandie's refusal to play along with the pretence Dr Upton is a woman than about allegations of abandoning patients in resuscitation." ‌ Dr Searle said: "We didn't initially see they were big patient safety issues but, once it was all reported, we see they are." She admitted adding the word "rapist" to a Datix report although Dr Upton's account referred to a comment about prisons, the tribunal heard. Ms Cunningham said: "You have added the word 'rapist' to the Datix haven't you?" Dr Searle said: "What makes that comment so offensive and intimidating is the inference it is like Isla Bryson who is convicted male rapist, which is why its important to mention that on Datix." She told the tribunal: "I would not have known what sex Dr Upton was assigned at birth." The consultant said she believed Ms Peggie had been cleared during a disciplinary "due to lack of evidence", and "believed and still do, that this was a hate incident", the tribunal heard. The tribunal continues.

Consultant admits ‘flagrant breach of confidentiality' in Peggie gender dispute
Consultant admits ‘flagrant breach of confidentiality' in Peggie gender dispute

North Wales Chronicle

time7 hours ago

  • Health
  • North Wales Chronicle

Consultant admits ‘flagrant breach of confidentiality' in Peggie gender dispute

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. On Wednesday, consultant Dr Kate Searle admitted she sought out a witness to patient safety allegations made by Dr Upton, which occurred previously in December 2023 but were unreported. Dr Searle sobbed when the woman was mentioned and alleged that the healthcare worker 'did not want to be involved in this for fear that, as a mixed race person, she feared Ms Peggie's views about her race would affect her going forward working in our department with Ms Peggie'. During cross-examination by Ms Peggie's barrister, Naomi Cunningham, Dr Searle admitted she had not been subject to disciplinary proceedings for it. Dr Searle agreed that the witness was 'the only person who was likely to be able to shed light on Dr Upton's claim that Ms Peggie refused to engage', in a resuscitation unit, however, she argued with Ms Cunningham about the woman's recollection of the incident. Ms Cunningham said the healthcare worker 'gave a clear answer that factually contradicted Dr Upton, as she said she recalled a conversation between Beth and Sandie, although couldn't recall details', during an internal probe, the tribunal heard. However, Dr Searle argued three times about the witness's recollection and concluded that the healthcare worker was 'contradicting herself', and said twice that she could not 'recall when it happened'. She said she 'couldn't recall' when she spoke to the healthcare worker, and admitted sending an email to 19 consultants on December 29 2023, describing the comments allegedly made by Ms Peggie as 'questioning her (Dr Upton's) whole being' the tribunal heard. Ms Cunningham asked if the doctor got in touch with the investigation manager to 'confess that you had left confidentiality in ruins' with an email to 19 consultants sent on December 29 2023, regarding the dispute which offered 'support' to Dr Upton and to 'condemn the actions' of Ms Peggie. Dr Searle said: 'I did not.' She denied attempting to 'bend the rules and transgress boundaries' by accompanying the junior doctor to an investigation meeting, and was accused by Ms Cunningham of 'turning up the temperature and increasing the emotional heat of the Datix report', the tribunal heard. Datix is a system used in healthcare settings to report incidents and manage risk, with a view to improving care. Dr Searle said: 'I reported it at time as I saw fit.' Ms Cunningham said: 'If the normal rules had been followed you wouldn't have been allowed to be present for Dr Upton's interview.' It was put to her that approaching a witness was a 'flagrant breach' of confidentiality. Dr Searle said: 'In hindsight, yes.' The barrister said priorities were 'surprising', and added: 'It seems you were more shocked by Sandie's refusal to play along with the pretence Dr Upton is a woman than about allegations of abandoning patients in resuscitation.' Dr Searle said: 'We didn't initially see they were big patient safety issues but, once it was all reported, we see they are.' She admitted adding the word 'rapist' to a Datix report although Dr Upton's account referred to a comment about prisons, the tribunal heard. Ms Cunningham said: 'You have added the word 'rapist' to the Datix haven't you?' Dr Searle said: 'What makes that comment so offensive and intimidating is the inference it is like Isla Bryson who is convicted male rapist, which is why its important to mention that on Datix.' She told the tribunal: 'I would not have known what sex Dr Upton was assigned at birth.' The consultant said she believed Ms Peggie had been cleared during a disciplinary 'due to lack of evidence', and 'believed and still do, that this was a hate incident', the tribunal heard. The tribunal continues.

Consultant admits ‘flagrant breach of confidentiality' in Peggie gender dispute
Consultant admits ‘flagrant breach of confidentiality' in Peggie gender dispute

South Wales Guardian

time7 hours ago

  • Health
  • South Wales Guardian

Consultant admits ‘flagrant breach of confidentiality' in Peggie gender dispute

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. On Wednesday, consultant Dr Kate Searle admitted she sought out a witness to patient safety allegations made by Dr Upton, which occurred previously in December 2023 but were unreported. Dr Searle sobbed when the woman was mentioned and alleged that the healthcare worker 'did not want to be involved in this for fear that, as a mixed race person, she feared Ms Peggie's views about her race would affect her going forward working in our department with Ms Peggie'. During cross-examination by Ms Peggie's barrister, Naomi Cunningham, Dr Searle admitted she had not been subject to disciplinary proceedings for it. Dr Searle agreed that the witness was 'the only person who was likely to be able to shed light on Dr Upton's claim that Ms Peggie refused to engage', in a resuscitation unit, however, she argued with Ms Cunningham about the woman's recollection of the incident. Ms Cunningham said the healthcare worker 'gave a clear answer that factually contradicted Dr Upton, as she said she recalled a conversation between Beth and Sandie, although couldn't recall details', during an internal probe, the tribunal heard. However, Dr Searle argued three times about the witness's recollection and concluded that the healthcare worker was 'contradicting herself', and said twice that she could not 'recall when it happened'. She said she 'couldn't recall' when she spoke to the healthcare worker, and admitted sending an email to 19 consultants on December 29 2023, describing the comments allegedly made by Ms Peggie as 'questioning her (Dr Upton's) whole being' the tribunal heard. Ms Cunningham asked if the doctor got in touch with the investigation manager to 'confess that you had left confidentiality in ruins' with an email to 19 consultants sent on December 29 2023, regarding the dispute which offered 'support' to Dr Upton and to 'condemn the actions' of Ms Peggie. Dr Searle said: 'I did not.' She denied attempting to 'bend the rules and transgress boundaries' by accompanying the junior doctor to an investigation meeting, and was accused by Ms Cunningham of 'turning up the temperature and increasing the emotional heat of the Datix report', the tribunal heard. Datix is a system used in healthcare settings to report incidents and manage risk, with a view to improving care. Dr Searle said: 'I reported it at time as I saw fit.' Ms Cunningham said: 'If the normal rules had been followed you wouldn't have been allowed to be present for Dr Upton's interview.' It was put to her that approaching a witness was a 'flagrant breach' of confidentiality. Dr Searle said: 'In hindsight, yes.' The barrister said priorities were 'surprising', and added: 'It seems you were more shocked by Sandie's refusal to play along with the pretence Dr Upton is a woman than about allegations of abandoning patients in resuscitation.' Dr Searle said: 'We didn't initially see they were big patient safety issues but, once it was all reported, we see they are.' She admitted adding the word 'rapist' to a Datix report although Dr Upton's account referred to a comment about prisons, the tribunal heard. Ms Cunningham said: 'You have added the word 'rapist' to the Datix haven't you?' Dr Searle said: 'What makes that comment so offensive and intimidating is the inference it is like Isla Bryson who is convicted male rapist, which is why its important to mention that on Datix.' She told the tribunal: 'I would not have known what sex Dr Upton was assigned at birth.' The consultant said she believed Ms Peggie had been cleared during a disciplinary 'due to lack of evidence', and 'believed and still do, that this was a hate incident', the tribunal heard. The tribunal continues.

Consultant admits ‘flagrant breach of confidentiality' in Peggie gender dispute
Consultant admits ‘flagrant breach of confidentiality' in Peggie gender dispute

Rhyl Journal

time7 hours ago

  • Health
  • Rhyl Journal

Consultant admits ‘flagrant breach of confidentiality' in Peggie gender dispute

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. On Wednesday, consultant Dr Kate Searle admitted she sought out a witness to patient safety allegations made by Dr Upton, which occurred previously in December 2023 but were unreported. Dr Searle sobbed when the woman was mentioned and alleged that the healthcare worker 'did not want to be involved in this for fear that, as a mixed race person, she feared Ms Peggie's views about her race would affect her going forward working in our department with Ms Peggie'. During cross-examination by Ms Peggie's barrister, Naomi Cunningham, Dr Searle admitted she had not been subject to disciplinary proceedings for it. Dr Searle agreed that the witness was 'the only person who was likely to be able to shed light on Dr Upton's claim that Ms Peggie refused to engage', in a resuscitation unit, however, she argued with Ms Cunningham about the woman's recollection of the incident. Ms Cunningham said the healthcare worker 'gave a clear answer that factually contradicted Dr Upton, as she said she recalled a conversation between Beth and Sandie, although couldn't recall details', during an internal probe, the tribunal heard. However, Dr Searle argued three times about the witness's recollection and concluded that the healthcare worker was 'contradicting herself', and said twice that she could not 'recall when it happened'. She said she 'couldn't recall' when she spoke to the healthcare worker, and admitted sending an email to 19 consultants on December 29 2023, describing the comments allegedly made by Ms Peggie as 'questioning her (Dr Upton's) whole being' the tribunal heard. Ms Cunningham asked if the doctor got in touch with the investigation manager to 'confess that you had left confidentiality in ruins' with an email to 19 consultants sent on December 29 2023, regarding the dispute which offered 'support' to Dr Upton and to 'condemn the actions' of Ms Peggie. Dr Searle said: 'I did not.' She denied attempting to 'bend the rules and transgress boundaries' by accompanying the junior doctor to an investigation meeting, and was accused by Ms Cunningham of 'turning up the temperature and increasing the emotional heat of the Datix report', the tribunal heard. Datix is a system used in healthcare settings to report incidents and manage risk, with a view to improving care. Dr Searle said: 'I reported it at time as I saw fit.' Ms Cunningham said: 'If the normal rules had been followed you wouldn't have been allowed to be present for Dr Upton's interview.' It was put to her that approaching a witness was a 'flagrant breach' of confidentiality. Dr Searle said: 'In hindsight, yes.' The barrister said priorities were 'surprising', and added: 'It seems you were more shocked by Sandie's refusal to play along with the pretence Dr Upton is a woman than about allegations of abandoning patients in resuscitation.' Dr Searle said: 'We didn't initially see they were big patient safety issues but, once it was all reported, we see they are.' She admitted adding the word 'rapist' to a Datix report although Dr Upton's account referred to a comment about prisons, the tribunal heard. Ms Cunningham said: 'You have added the word 'rapist' to the Datix haven't you?' Dr Searle said: 'What makes that comment so offensive and intimidating is the inference it is like Isla Bryson who is convicted male rapist, which is why its important to mention that on Datix.' She told the tribunal: 'I would not have known what sex Dr Upton was assigned at birth.' The consultant said she believed Ms Peggie had been cleared during a disciplinary 'due to lack of evidence', and 'believed and still do, that this was a hate incident', the tribunal heard. The tribunal continues.

Trans doctor's boss breaks down in tears while being questioned at tribunal
Trans doctor's boss breaks down in tears while being questioned at tribunal

Daily Mail​

time7 hours ago

  • Health
  • Daily Mail​

Trans doctor's boss breaks down in tears while being questioned at tribunal

A medical consultant broke down in tears while being quizzed at a landmark employment tribunal. Dr Kate Searle, a consultant in emergency medicine, sobbed as she defended her actions in the dispute between trans medic Dr Beth Upton and veteran nurse Sandie Peggie. At one point proceedings were halted to allow Dr Searle, who has worked for NHS Fife for 11 years, to compose herself. It came during an intensive day of cross-examination of the trans medic's boss by Ms Peggie's legal team as part of the high-profile employment tribunal brought against NHS Fife and Dr Upton. The nurse was suspended from her work at Victoria Hospital, in Kirkcaldy, after she challenged the 30-year-old doctor in the female-only changing room on Christmas Eve 2023. Last week the 51-year-old was cleared of gross misconduct but the separate employment tribunal continues. Ms Peggie brought the legal action saying her treatment is against the Equality Act. Dr Upton has alleged that there have been patient safety concerns involving the nurse. A healthcare assistant is said to be witness to one of two claimed incidents but when the worker's name was mentioned Dr Searle began sobbing, and told the court: 'I am worried involving someone who doesn't want to be involved in the press in this case. It's not fair on her.' The hearing was brought to a halt, but resumed about five minutes later. Ms Peggie's lawyer, Naomi Cunningham, told the tribunal the healthcare assistant was an 'important witness in the investigation' because she was the only person who was able to shed any light on Dr Upton's allegation the claimant refused to engage with the medic in relation to a patient who had gone away without being seen. But she said the healthcare assistant's account 'contradicted' Dr Upton's stance who said there had been no conversation while the worker remembered there being one. The tribunal then heard of a subsequent discussion between the consultant and healthcare assistant, but Dr Searle could not remember when. Dr Searle said she sought out the worker because she was supporting Dr Upton and the medic had identified her as witnessing one of the incidents which needed evidence. Ms Cunningham said the consultant had been 'determinedly acting on Dr Upton's behalf' to try to round up evidence in support of Dr Upton's version of events, but Dr Searle told her she asked to see 'if her story supported Beth's'. Amid the intense cross-examination the lawyer put it to the witnesses: 'Were you horrified when I mentioned her name, not out of a desire to protect her but out of a desire to protect yourself from the possible consequences of making up something about what she'd said?' Dr Searle told her: 'No, absolutely not.' At this point NHS Fife KC Jane Russell said the witness had become 'visibly distressed', but Dr Searle said she could continue with her evidence. The alleged patient safety incidents were not reported at the time they were said to have happened, and Dr Searle said she did not agree with Ms Cunningham's suggestion that this was the case because 'they didn't happen'. Dr Searle said it was 'offensive and objectional' to have challenged Dr Upton in the women's changing room. She told Ms Cunningham: 'If everybody was just kind to each other and went about these things in another way, there was no reason for it to come to this.' Dr Searle had sent an email to other consultants working in the hospital's emergency department - in which she condemned Ms Peggie's actions. But Ms Cunningham said the consultant had 'left confidentiality in ruins' by sending that email while an investigation was ongoing adding the conversation with the healthcare worker was a 'flagrant breach' in confidentiality. Dr Searle admitted: 'In hindsight, yes.' The tribunal also heard Ms Russell object to Dr Upton being called a man by Ms Cunningham, but insist 'she's a trans woman'. Ms Cunningham said the For Women Scotland Supreme Court ruling in April meant 'legally speaking a trans woman is a man so there was a man in the women's changing room', but Ms Russell said she disagreed with that summary. Put to the witness that Dr Upton was 'obviously male', Dr Searle said 'no' and that she would 'not have known what sex Dr Upton was assigned at birth'. Meanwhile, employment judge Sandy Kemp yesterday said he would not issue an order against NHS Fife following their stunning intervention in the case last week. Mr Kemp said: 'I have considered the press release issued by the first respondent on July 18, 2025, which had been addressed in submission by the parties, and it was decided to make no order in relation to it.' The tribunal, being heard in Dundee, continues.

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