Lawyers demand to check a trans doctor’s phone for vital notes in changing room dispute. Key evidence is sought for tribunal.
Peggie, a nurse, is suing NHS Fife and Dr. Upton. This follows her suspension after an argument that happened on Christmas Eve in 2023. The tribunal is likely to continue on July 16. Peggie’s lawyers await evidence from Dr. Upton plus NHS Fife.
Naomi Cunningham, Peggie’s lawyer (barrister), asked for a phone examination to be completed. The tribunal heard Dr. Upton made phone notes documenting interactions with Peggie, specifically when she used female rooms.
On February 6, Upton spoke of an August 2024 meeting soon after he began working for NHS Fife on August 2. Upton identifies as a woman but hasn’t legally changed gender yet. The judge said he can be called a man.
He saw Peggie standing nearby and recorded a note, feeling she seemed uncomfortable near him. On February 12, he mentioned “phone notes” again. NHS Fife never asked to see them or requested copies during their probe.
On that day, Upton said his last note was December 28. Cunningham asked if the notes still existed and if he had deleted them. He answered, “I don’t intend to.”
The phone request caused social media buzz. Some people speculated the phone might vanish, and Colin Wynter KC spoke about this possibility.
He said if it vanished, Upton and Fife would suffer. Cunningham’s team has likely asked for confirmation that the phone exists and stays safe. If it gets “lost,” they win.