NHS consultant considered reporting trans row to police

Dr Kate Searle spoke to Dr Beth Upton about an incident in a changing room on Christmas Eve 2023

The supervisor of a transgender doctor involved in a confrontation with a nurse in a changing room considered reporting the incident to Police Scotland.

Sandie Peggie and Dr Beth Upton exchanged words on Christmas Eve 2023 at the Victoria Hospital in Kirkcaldy.

Dr Kate Searle, a consultant in emergency medicine, told an employment tribunal the incident was "extremely distressing" for Dr Upton, with Ms Peggie's words being "offensive and humiliating".

Ms Peggie, who was suspended in January 2024, claims her treatment was unlawful under the 2010 Equality Act and brought the case against NHS Fife.

Dr Searle met Dr Upton to discuss the Christmas Eve incident on 29 December.

The tribunal previously heard Ms Peggie is claimed to have drawn comparisons to the rapist Isla Bryson being held in a women's prison.

Dr Searle and Dr Upton agreed to record the incident on the NHS's Datix system for recording complaints.

The witness said she felt "Beth would have grounds for going to the police" based on what was said, although she was unsure if it would fit the criteria for being a hate crime.

Dr Searle added what she was told "met the criteria for a hate incident" but Dr Upton decided to not involve police at that stage of proceedings.

Dr Upton previously told the tribunal of being left "upset and afraid" by Ms Peggie's comments.

Sandie Peggie (pictured) and Dr Beth Upton had earlier had a disagreement on Christmas Eve 2023

Dr Searle was also asked by NHS Fife's lawyer Jane Russell about an email she had sent to consultant colleagues regarding Dr Upton.

In this message she said: "We all support her and condemn the actions of Sandie".

The consultant told the tribunal she had sent this message to support a colleague.

Dr Searle said: "We would always support a junior doctor who is in distress and has suffered a distressing episode and we would condemn any actions by any person which are felt to be, or defined as abusive or harassment.

"I felt I was acting, at the time, in the best interests of Beth's wellbeing and safety going forward and I was reporting the events as she had told which I had no reason to suspect weren't true."

Timeline of the Sandie Peggie tribunal

Dr Searle told the tribunal that when she met Dr Upton on 29 December, she was told the junior doctor had concerns regarding Ms Peggie's behaviour on other occasions.

These included a claim - disputed by Ms Peggie - that the nurse walked out on treating a patient due to Dr Upton being there.

Dr Searle said she was "concerned over patient safety" when this alleged incident was relayed to her.

The consultant said she later spoke to another healthcare worker who had witnessed this altercation, but the witness was "concerned about getting involved in an incident for her own safety" due to the amount of press attention the case was getting by that stage.

Dr Searle added: "Staff involved have felt under scrutiny and [know] their views will be widely publicised."

She later discussed any risks to patient safety with Esther Davidson, a clinical nurse manager at the hospital.

On Monday the tribunal heard from Charlotte Myles, a clinical service manager at the health board.

She said she was "not impressed" with the patient safety claim, as no such matter had been reported at the time, only after the Christmas Eve incident came to light.

Email claims

Ms Peggie's lawyer Naomi Cunningham later quizzed Dr Searle regarding email chains sent among doctors and management regarding the case, and whether messages had been deleted during this.

Dr Searle said she agreed messages between staff and potential witnesses should not have been sent in that way but denied deleting anything.

Ms Cunningham accused the consultant of being "deliberately dishonest" regarding the email chain, and said messages had been not been provided to the tribunal to cover-up wrongdoing among management.

Dr Searle denied this claim as well and said that she was both a doctor and trustworthy.

The tribunal will continue on Wednesday, with Dr Searle returning to give further evidence.