Senior medics who objected to a decision to allow a gender-critical nurse to return to work following a dispute with a transgender doctor were warned they were “culpable” if patient safety concerns were not correctly reported, 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.
The tribunal resumed in Dundee on July 16 after an initial set of hearings in February.
On Monday, service manager Charlotte Myles, who made a decision to lift the suspension on March 7, told the tribunal that two senior consultants and two senior nurses “weren’t happy” at her decision to allow Ms Peggie to return to work.
Ms Myles said that Dr Kate Searle and Dr Maggie Currer both objected to her decision, while senior nurse managers Esther Davidson and Louise Curran “similarly expressed” objections, but were not able to give an “accurate response” regarding alleged patient safety concerns.
She said she told Ms Peggie verbally on March 7 and in writing on March 12 that the suspension would be lifted. However, it was later reinstated due to issues with looking after the nurse’s dog, and she returned to work around April 12 2024.
Ms Myles said that “usually we don’t like to suspend” and she believed there were no patient safety issues, the tribunal heard.
However she said that she “wasn’t impressed” by allegations made by senior medics and warned them to comply with correct protocols and policies.
Ms Myles said: “When I explained to staff members they weren’t particularly happy with my decision initially.”
She said she visited Dr Searle’s office to co-ordinate a rota and was met with further objections, but warned the consultant she was “culpable” if allegations were not reported correctly, the tribunal heard.
Ms Myles said: “Kate Searle expressed unhappiness that we were taking Ms Peggie back into the workplace and made a comment saying there had been patient safety issues, there had been other behaviours towards a doctor. I asked if this had been investigated and reported appropriately, and she said no.
“I said that if these events had happened and they had not been reported, you were culpable.”
She added: “They weren’t happy but it was my sole responsibility to review the suspension. My primary concern is to make sure patients are getting seen.”
The witness said she did not know “what the indicators were… to be suspended in the first place” and felt there “was no risk”, the tribunal heard.
Ms Myles said: “I wasn’t impressed; if someone wants to raise patient safety concern it should go through correct process and be escalated at the time the incident happened. My stance was: ‘If you have not followed correct protocol and policy you are culpable’.”
She said that Ms Davidson alleged that a doctor had been subject to a racist slur by Ms Peggie, and branded allegations by Ms Curran that the nurse shared Donald Trump’s views on gender “tittle-tattle”, the tribunal heard.
Ms Myles said: “It was very similar, tittle-tattle of being a supporter of Donald Trump and sharing his views on gender. That’s somebody’s personal view and as long as it doesn’t impact on workforce or patients or cause harm, people are entitled to have their private views.”
She said she perceived Dr Upton to be “a female colleague”, but said: “I do believe we should make alterations to support everybody, but how we do it is completely out of my remit.”
During re-examination by Jane Russell KC, representing NHS Fife and Dr Upton, the witness was asked about the alleged comments.
Ms Myles said: “I was told Sandie Peggie had called a member of the medical team a P**i but that was not reported formally; when I asked Esther which member of the team it was directed at, it took a while to get a response. I believe the person who was supposed to have had the comment directed at them doesn’t recall the comment being directed at them.”
Judge Alexander Kemp asked if she had seen a previous risk assessment for suspending Ms Peggie, and the witness said she had not, despite asking for previous documentation prior to March 7.
The tribunal continues.
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