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During a tribunal concerning a dispute between a nurse and a transgender doctor, it was revealed that phone records were not physically or forensically examined. NHS Fife’s information security manager, Peter Donaldson, opted to join a Teams call with Dr. Beth Upton in May of this year to assist in retrieving notes from a mobile phone. These notes detailed the interactions between the doctor and Sandie Peggie, a nurse at the Victoria Hospital in Kirkcaldy.
The altercation between Ms. Peggie and Dr. Upton occurred on December 24, 2023, in the women’s changing rooms, leading to the nurse’s suspension following allegations of bullying and harassment by Dr. Upton, who also raised concerns about “patient care.” Subsequently, Ms. Peggie has filed a complaint against NHS Fife and Dr. Upton, invoking the Equality Act 2010.
In earlier testimonies, it was revealed that Dr. Upton had documented incidents involving Ms. Peggie before the Christmas Eve clash in written notes on a phone. Mr. Donaldson admitted that a forensic examination would have been the most reliable method to verify the accuracy of the phone’s information. He also acknowledged that conducting the exercise in person would have been more beneficial than via a Teams call. Moreover, Mr. Donaldson was unable to provide a technical explanation for discrepancies in dates within the notes.
An IT expert highlighted the impossibility of editing a mobile phone note before its creation date. James Borwick, an IT consultant hired by Ms. Peggie’s legal team, dismissed the notion of undermining Dr. Upton despite presenting evidence that suggested inconsistencies in the phone notes. In response to questions about date disparities, Mr. Borwick suggested that the version history of the phone notes appeared to have been manipulated. Despite attempts to recreate similar scenarios with phones, Mr. Borwick reiterated that such editing sequences were unfeasible. Additional phone notes added by Dr. Upton in the days following the Christmas Eve incident were also scrutinized during the tribunal
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