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Tribunal hears trans doctor sobbed while reporting nurse | Tribunal hears trans doctor sobbed while reporting nurse |
(about 3 hours later) | |
Sandie Peggie (pictured) and Dr Beth Upton had earlier had a disagreement on Christmas Eve 2023 | |
A transgender doctor was "distressed" and sobbed while telling a senior colleague about a confrontation with a nurse over the use of female changing rooms. | A transgender doctor was "distressed" and sobbed while telling a senior colleague about a confrontation with a nurse over the use of female changing rooms. |
Dr Elspeth Pitt told an employment tribunal Dr Beth Upton appeared pale and was "very shaken" when they met in a corridor at the Victoria Hospital in Kirkcaldy at the end of their shift. | Dr Elspeth Pitt told an employment tribunal Dr Beth Upton appeared pale and was "very shaken" when they met in a corridor at the Victoria Hospital in Kirkcaldy at the end of their shift. |
Sandie Peggie and Dr Upton had earlier had a disagreement after the nurse told the doctor they should not be in the same changing room. | Sandie Peggie and Dr Upton had earlier had a disagreement after the nurse told the doctor they should not be in the same changing room. |
After the exchange on Christmas Eve 2023, Dr Upton complained to NHS Fife about Ms Peggie's behaviour and the nurse was suspended on 3 January 2024. | After the exchange on Christmas Eve 2023, Dr Upton complained to NHS Fife about Ms Peggie's behaviour and the nurse was suspended on 3 January 2024. |
On Friday the tribunal heard from Dr Pitt, who is a consultant in emergency medicine with NHS Fife. | On Friday the tribunal heard from Dr Pitt, who is a consultant in emergency medicine with NHS Fife. |
She recalled being approached by Dr Upton about midnight, at the end of that day's work. | She recalled being approached by Dr Upton about midnight, at the end of that day's work. |
The pair then moved from the corridor to a well-being room, which was a short walk from the changing room. | The pair then moved from the corridor to a well-being room, which was a short walk from the changing room. |
Dr Pitt, who was on call through the night into Christmas morning, was asked what state Dr Upton was in. | Dr Pitt, who was on call through the night into Christmas morning, was asked what state Dr Upton was in. |
The consultant replied: "She looked very shaken and she was visibly distressed and upset." | The consultant replied: "She looked very shaken and she was visibly distressed and upset." |
Dr Pitt added Dr Upton looked "quite pale" and "startled". | Dr Pitt added Dr Upton looked "quite pale" and "startled". |
The consultant was then told there had been a "very upsetting incident". | The consultant was then told there had been a "very upsetting incident". |
Dr Pitt added: "She was really upset. | Dr Pitt added: "She was really upset. |
"She had felt very fearful and that point felt cornered." | "She had felt very fearful and that point felt cornered." |
Dr Upton (pictured) complained to NHS Fife about Ms Peggie's behaviour and the nurse was suspended on 3 January 2024 | |
The tribunal said the encounter with Ms Peggie had "become very unpleasant and painful for her". | The tribunal said the encounter with Ms Peggie had "become very unpleasant and painful for her". |
Dr Pitt added: "The gist was that Sandie felt that Dr Upton should not be in the changing room." | Dr Pitt added: "The gist was that Sandie felt that Dr Upton should not be in the changing room." |
The consultant said she was told the tone of the disagreement was "aggressive" and "unkind". | The consultant said she was told the tone of the disagreement was "aggressive" and "unkind". |
Dr Pitt said she mainly listened to Dr Upton but said she would report the matter and signposted the complainer to a British Medical Association (BMA) peer support network. | Dr Pitt said she mainly listened to Dr Upton but said she would report the matter and signposted the complainer to a British Medical Association (BMA) peer support network. |
The consultant said she was not sure of the next steps but encouraged Dr Upton to get some rest and family time. | The consultant said she was not sure of the next steps but encouraged Dr Upton to get some rest and family time. |
Dr Pitt told the tribunal she sent an email from her car to Dr Upton's supervisor and the charge nurse. | Dr Pitt told the tribunal she sent an email from her car to Dr Upton's supervisor and the charge nurse. |
Timeline of the Sandie Peggie tribunal | Timeline of the Sandie Peggie tribunal |
The tribunal also heard an informal monthly meeting between senior consultants and senior nurses - held some time before the Christmas Eve incident - was made aware concerns had been raised about Dr Upton having access to the female changing room. | The tribunal also heard an informal monthly meeting between senior consultants and senior nurses - held some time before the Christmas Eve incident - was made aware concerns had been raised about Dr Upton having access to the female changing room. |
Dr Pitt said: "At one of those meetings before December, a member of senior nurses had said there had been a concern raised about Dr Upton using that changing room but that our understanding was that she was entitled to, that's what we had been informed. | Dr Pitt said: "At one of those meetings before December, a member of senior nurses had said there had been a concern raised about Dr Upton using that changing room but that our understanding was that she was entitled to, that's what we had been informed. |
"We were not told of the specifics, that was to be aware that people had a concern." | "We were not told of the specifics, that was to be aware that people had a concern." |
Ms Peggie's junior counsel, Charlotte Elves, later raised an email sent on 29 December 2023 from Dr Kate Searle, Dr Upton's line manager. | |
It said "we all support her and condemn the actions of Sandie". | |
Dr Pitt said it would have been sent to around 20 senior consultants, and described it as "information sharing". | |
The consultant said: "When I read 'condemn the actions' it was that we heard she had been verbally attacked. | |
"The way I would always think is anyone would condemn a behaviour that causes someone to feel unsafe or disrespected, that does not mean we condemn the person." | |
She also told the tribunal Dr Upton's sex was "just not something we talked about". | |
On Wednesday, Ms Peggie was cleared of gross misconduct following disciplinary proceedings by the health board. | On Wednesday, Ms Peggie was cleared of gross misconduct following disciplinary proceedings by the health board. |
She had been accused of misconduct, failures of patient care and misgendering Dr Upton. | She had been accused of misconduct, failures of patient care and misgendering Dr Upton. |
NHS Fife said an internal hearing found there was "insufficient evidence to support a finding of misconduct". | NHS Fife said an internal hearing found there was "insufficient evidence to support a finding of misconduct". |
The tribunal continues. | The tribunal continues. |