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 2023.
Under 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 case.
But the consultant denied claims that she “left confidentiality in ruins” with her actions.
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 system.
During this period Dr Upton also accused Ms Peggie of walking out on treating a patient earlier in December due to the junior doctor’s presence.
Dr 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 witness.
Ms Peggie’s lawyer Naomi Cunningham said if Dr Searle had spoken to the witness before investigators it would be “grossly improper” behaviour.
She 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 investigation.
She 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 attention.
She 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 incident.
Ms Cunningham focused on one message said to mention avoiding “foot in mouth syndrome” and that not all messages had been provided to the tribunal.
She added Dr Searle’s search for emails related to the case had either been “surprisingly incompetent or deliberately withholding” the email.
Dr Searle said she rejected the latter suggestion.
Ms Cunningham accused Dr Searle of “turning up the emotional heat” with how she reported the incident in the datex.
She replied that she had reported the incident as she saw it, with a junior doctor upset about something that had happened at work.
Dr Searle had told the tribunal on Tuesday she considered reporting the matter to Police Scotland as it could be considered a hate crime.
Ms 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 it.
Dr Searle said she disagreed this would have been a suitable way to end the altercation.
The tribunal continues.
