Peggie’s lawyer requests forensic analysis of Dr. Upton’s phone before the employment case resumes this summer.
The case continues on July 16. Peggie’s lawyers are waiting for evidence and need information from Dr. Upton and the health board. Peggie’s lawyer asked to examine the doctor’s phone closely and the examination will be a forensic assessment.
The tribunal heard Dr. Upton wrote notes about Peggie on his phone including when she used female changing rooms. Dr. Upton started at NHS Fife on August 2nd. He identifies as a woman but hasn’t legally changed gender. The judge said he can be called a man.
Dr. Upton spoke about seeing Peggie in August 2024, a few days after he began his job, and he made a note on his phone then. He felt she was uncomfortable around him. The notes were about his interactions with Peggie.
Dr. Upton mentioned his phone notes again on February 12 and confirmed NHS Fife didn’t ask to see them or request a copy during their investigation. His last phone note was from December 28. He said he planned to keep the notes.
The phone examination request caused social media buzz. Some people joked the phone might disappear. A lawyer said losing the phone would hurt Dr. Upton’s case. The lawyer thinks Peggie’s team will ask for confirmation that the phone exists and is undamaged.