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

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”.

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 a convicted male rapist, which is why it’s 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.