![\"Nurse](\"https:\/\/www.newsbeep.com\/uk\/wp-content\/uploads\/2025\/07\/0_01JY1KXHTAZGEPF9EKXS15160Z.jpg\")
Nurse Sandie Peggie outside the Scottish Parliament at Holyrood, Edinburgh<\/p>\nDr Kate Searle said: “We should not have written these things in a group email to witnesses”.Nurse Sandie Peggie outside the Scottish Parliament at Holyrood, Edinburgh<\/p>\n
Emails<\/a> between witnesses discussing an investigation into a gender critical nurse who was suspended following a dispute with a transgender doctor “should not have been written”, a consultant told a tribunal.<\/p>\n 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<\/a> 2023.<\/p>\n She was placed on special leave after Dr Upton<\/a> made an allegation of bullying and harassment and cited concerns about “patient care”.<\/p>\n Ms Peggie has lodged a claim against NHS Fife<\/a> and Dr Upton, citing the Equality Act 2010, including sexual harassment; harassment related to a protected belief; indirect discrimination; and victimisation.<\/p>\n The tribunal resumed in Dundee<\/a> on July 16 after an initial set of hearings in February. On Tuesday, Dr Kate Searle, a consultant in emergency medicine, gave evidence.<\/p>\n She denied “deliberately concealing” an email sent on January 5 2024 by fellow consultant<\/a> Maggie Currer, with six potential witnesses plus Dr Upton included.<\/p>\n Barrister Naomi Cunningham<\/a>, representing Ms Peggie, said: “I want to suggest you deliberately concealed it to conceal wrongdoing of colleagues.” Dr Searle said: “It would be dishonest to do that and I’m a doctor who acts as honestly as I can at all times.”<\/p>\n In her evidence, Dr Searle said that she had no concerns about Dr Upton’s allegations as the General Medical Council<\/a> requires “honesty and integrity”.<\/p>\n Get the latest news sent straight to your messages by joining our WhatsApp community today.<\/p>\n You’ll receive daily updates on breaking news as well as the top headlines across Scotland.<\/p>\n No one will be able to see who is signed up and no one can send messages except the Daily Record team.<\/p>\n All you have to do is click here if you’re on mobile<\/a>, select ‘Join Community’ and you’re in!<\/p>\n If you’re on a desktop, simply scan the QR code above with your phone and click ‘Join Community’.<\/p>\n We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don\u2019t like our community, you can check out any time you like.<\/p>\n To leave our community click on the name at the top of your screen and choose ‘exit group’.<\/p>\n If you\u2019re curious, you can read our Privacy Notice.<\/a><\/p>\n However, she said she was “never informed” that a referral to the Nursing and Midwifery Council had been made, the tribunal heard<\/a>. She said that she emailed Dr Upton with others included later in January to give an “update” on the investigation.<\/p>\n But during cross-examination, Dr Searle admitted “that we should not have written these things in a group email to witnesses”. Ms Cunningham<\/a> said the email on January 5 2024 was “seriously embarrassing to the respondents”.<\/p>\n And she said it “appears to be an intention to set up and co-ordinate a group who should not be talking about this<\/a> as they’re witnesses”.<\/p>\n She added: “It says ‘information<\/a> must not be shared outside this group as risk of foot in mouth syndrome – it is quite a serious risk of foot in mouth syndrome’.”<\/p>\n Dr Searle said: “I can appreciate that in hindsight we should not have written these things in a group email to witnesses.” Ms Cunningham quoted from Dr Upton’s<\/a> evidence.<\/p>\n This included that using female changing rooms was “a thing I have been instructed to be the most appropriate”, and describing biological sex as a “nebulous dog<\/a> whistle”.<\/p>\n Dr Searle denied telling the junior doctor to use female facilities, and said: “Definitely no instructions were given.” She agreed that biological sex<\/a> was “significant”, but when the term “nebulous dog whistle” was put to her, she denied knowing what it meant.<\/p>\n Ms Cunningham said: “I think it must follow that anyone who describes biological sex<\/a> as a ‘nebulous dog whistle’ would be talking obvious nonsense.” Dr Searle said: “I’m not sure what that means.”<\/p>\n The witness said she emailed Equalities<\/a> lead Isla Bumba on December 8 2023 as Dr Upton felt “uncomfortable” about Ms Peggie “self-excluding” from the female changing room.<\/p>\n But she said she “didn’t recall” raising the possibility of taking it further, as mentioned in an internal investigation. She said she Googled<\/a> policies around self-identification, and added: “I’m not a law expert – if you Google it, it comes up under Equality Act.<\/p>\n “There are many references to toilets and changing rooms. I subsequently emailed<\/a> Isla Bumba who is much more expert in Equalities than me. She agreed there is no policy.”<\/p>\n The consultant denied that she perceived self-exclusion as “misbehaviour”. Dr Searle said: “We would have discussed it if Dr Upton was very uncomfortable and it was affecting them<\/a>“.<\/p>\n She said a discussion would have involved “compassion<\/a> and kindness”, but added: “It doesn’t sound otherwise like there’s anything to take further.”<\/p>\n Ms Cunningham<\/a> said: “At the time you discussed it with Dr Upton you considered this to be misbehaviour, she (Ms Peggie) was behaving badly and making him feel uncomfortable.”<\/p>\n However, Dr Searle said: “Beth felt uncomfortable that Sandie appeared to not want to engage.” Ms Cunningham said: “My question was: both you and he regarded Sandie’s conduct in removing herself a form of misbehaviour<\/a>?”<\/p>\n Dr Searle said: “I don’t agree we would have classed it as misbehaviour<\/a>.” Ms Cunningham said: “I think you’ve already confirmed that email to Isla Bumba on December 8 was prompted by a conversation about Sandie removing herself from the changing room when he was there, that’s right?<\/p>\n “You ask if there’s any policies around transgender<\/a> staff and suggest Dr Upton might be keen to help develop some; is it fair for the tribunal to infer the possibility of developing policies to make it easier for Dr Upton to take matters further?”<\/p>\n![\"Dr](\"https:\/\/www.newsbeep.com\/uk\/wp-content\/uploads\/2025\/07\/2_01JKGG2V3FZ4CW4E3WRG3H98JD.jpg\")
Dr Beth Upton (centre) leaves an employment tribunal in Dundee, where Sandie Peggie, is taking Fife Hospital Board to tribunal <\/p>\n![\"\"](\"https:\/\/www.newsbeep.com\/uk\/wp-content\/uploads\/2025\/07\/1752664505_793_0_WACOMMUNITYQR3.jpg\")
Join the Daily Record WhatsApp community!<\/p>\n![\"Sandie](\"https:\/\/www.newsbeep.com\/uk\/wp-content\/uploads\/2025\/07\/0_Fife-Hospital-Board-tribunal.jpg\")
Sandie Peggie, a nurse at Queen Margaret Hospital in Dunfermline(Image: PA)<\/p>\n![\"Isla](\"https:\/\/www.newsbeep.com\/uk\/wp-content\/uploads\/2025\/07\/0_JS375456785.jpg\")
Isla Bumba departs the tribunal of Sandie Peggie.(Image: Jeff J Mitchell\/Getty Images.)<\/p>\n