The transgender doctor raised concerns about the nurse eight months after the incident

A transgender doctor raised formal concerns about patient safety eight months after an incident that involved a nurse, but denied having tried to surprise her, has heard a labor court.

The nurse Sandie Peggie, who worked at Victoria Hospital in Kirkcaldy, Fife, for 30 years, took the FIFE Health Board and Dr. Beth Upton to the court after being suspended after an incident on the Christmas Eve of 2023 In female locker rooms.

Mrs. Peggie, known as the claimant, filed a complaint of sexual harassment or harassment related to a protected belief under section 26 of the 2010 Equality Law with respect to three incidents when they shared a costume: indirect harassment, victimization and whistle.

That occurred after it was suspended in January 2024 after Dr. Upton making an accusation of harassment and harassment.

Dr. Upton gave evidence on Wednesday in a court in Duende, and was asked by lawyer Naomi Cunningham, who represents Mrs. Pengie, why contemporary notes as Dr. Upton were included did not include an accusation around the Patient security, internally raised on December 29, December 2. Months after the incident supposedly occurred on October 31.

PA media

The accusation that Mrs. Peggie left a patient in the resuscitation unit was raised in a formal complaint by Dr. Upton on June 11, 2024, however, Mrs. Cunningham said it was so serious that It would have resulted in an immediate suspension and gross misconduct.

Five contemporary notes were cited, but Mrs. Cunningham asked why the most “alarming” accusation of three incidents in the formal complaint was omitted.

The court listened to Dr. Upton’s line, Dr. Kate Searle, said in a statement: “Beth has all the notes, including the incident, where the other person seemed to leave the room and stopped doing resus because Beth entered. Unfortunately, she didn’t raise it at that time. “

Interaminating Dr. Upton, Mrs. Cunningham said: “Do you agree that the Resus incident is the most alarming of the three issues she raised?”

Dr. Upton said: “If we are talking exclusively about patient safety, someone who refuses to communicate in Resus is more serious,” and rejected that statement from Mrs. Cunningham than the identity “flattened everything.”

The doctor added: “If someone is dying or is very bad and the paramedic calls me ‘Lord’, I will take delivery. Patient safety is one of the most important things.”

Mrs. Cunningham said: “If the Resus incident was true, what it means is that Sandie Peggie is so intolerant due to her trans identity, she was not prepared to put it aside. Even when they worked together to save the life of a seriously ill patient. “

Dr. Upton said: “That is a potential consequence.”

Mrs. Cunningham said: “If that were true, I needed to be immediately suspended by a position of serious misconduct. If that were true, she would be a danger to patients and urgently need to face the physical state of practice procedures. “

Dr. Upton said: “As far as I know, she could have been called to something more serious. My perception was that this is someone who has decided not to share space with me. I need to talk to a senior about this. “

The court heard that he raised with Dr. Searle on December 29, 2023, but Dr. Upton alleged that it happened between October 25 and December 18, although in the evidence of Peggie it came out on October 31.

Mrs. Cunningham added: “You said that it could have been misunderstood, it could have been called in an urgent task. That is an example of exactly why situations like this should be urgently investigated.

“Was this an intolerant colleague who refused to work with you, in which case all hell should have been released? Or where did something more urgent arise?

Dr. Upton said: “At that time I was thinking about it purely as a communication problem. Now I would consider it a patient safety problem. If it were, I should have raised it before. “

However, Mrs. Cunningham said it was an “obligation” to raise concerns “without delay” in the code of the Nursing and Partería Council, and asked if there was an equivalent for the General Medical Council and described it “inexplicable if it is true” .

She added: “If what you said was true, he had her own professional obligation to raise and intensify patient safety concerns.”

Dr. Upton said he did not consider in a document sent on January 23, 2024, as researcher Esther Davidson specifically requested the incident on Christmas eve.

Mrs. Cunningham said: “You are a doctor with professional obligations and you have already delayed this, it is your own obligation to ensure that the Board is informed.”

The doctor said it was “my obligation to inform a senior,” the court heard.

Mrs. Cunningham said: “Given the seriousness of this incident, can you explain why (the) phone registration does not mention it?”

Dr. Upton said: “At the moment when my evaluation was from this person without me knowing. My evaluation was that the situation was safe, so I didn’t need to be climbing. At that time I was considering it as a communication problem. That is a failure on my side. “

The court heard that the first reference written to the accusations was in an email to the British Medical Association (BMA) on December 26, 2023, but not to the Board.

Dr. Upton denied wanting Mrs. Peggie “beaten or expelled from the hospital” and rejected the suggestions of Mrs. Cunningham that the stories were “invented,” the court heard.

The doctor described Mrs. Peggie as “capable, committed” and denied that he intimidated her.

Mrs. Cunningham accused Dr. Upton of “telling stories”, including “a much worse story about having abandoned a patient in Resus, since he could not bear to work with you”, and said: “All those things were to punish To Sandie Peggie to stop to you. “

Dr. Upton said: “The stories were not invented. I am interested in a fair resolution to what should have been a dispute in the workplace. “

Mrs. Cunningham said: “You told a package of lies. You are trying to end Sandie Peggie’s 30 -year career as a nurse to face you. ”

Dr. Upton said: “I am not interested in hitting or expelling her from the hospital,” and denied the intimidation of Mrs. Peggie.

The court heard that on Boxing Day 2023, Dr. Upton sent an email to the BMA for the concerns of Mrs. Peggie “can try to expel me from the department.”

Giving evidence, Dr. Upton described being “surprised” by knowing that Mrs. Pengie had been suspended, and said she was “communicated (that) this was a neutral act to protect research.”

Dr. Upton said that the professional impacts of the harassment that are ruling, could include a potential reference to the GMC and possible disciplinary procedures, in addition to being “forced to leave” with respect to change every day at work.

The doctor said: “I feel scared and annoying for myself and by any other trans person in this country who tries to be themselves.”

The court continues.

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