Ms Peggie is suing her employer after she was suspended following an incident with Dr Upton on Christmas Eve in 2023, where she objected to the trans medic’s use of the female changing room.
She also made reference to the situation being similar to men using the female prison estate, with Dr Upton lodging a formal complaint.
Ms Peggie was placed on special leave in December 2023 and suspended in January 2024. Patient safety concerns were then raised.
The nurse at Victoria Hospital in Kirkcaldy has been cleared of all misconduct allegations.
On Friday, the tribunal heard that Dr Upton first shared the phone notes with Peter Donaldson, an information security manager at NHS Fife over Microsoft Teams in May 2025.
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He did not perform a forensic examination of the computer, not did he personally check the device.
IT forensic expert Jim Borthwick conducted an independent investigation at the request of Ms Peggie’s legal team, where concerns over NHS Fife’s investigation were revealed.
His investigation revealed that Dr Upton had logged an interaction with Ms Peggie on December 18, 2023.
It originally said: “Working nights. Won’t make eye contact. Won’t acknowledge my presence.
“Not had direct conversation yet but I can feel the dismissal/hostility.”
There was no other information added from that evening, with the next log noting the Christmas Eve dispute.
However, Mr Borthwick’s independent investigation revealed that the log from December 18 was then updated on Boxing Day 2023 at 1:51am.
Dr Upton had added: “Needed to ask Sandie a question about a child patient who left before being seen as she had triaged them. Couldn’t find her. HCA (healthcare worker) (Rehana) offered to look for her.
“Both came back. Rehana asked Sandie if any concerns while both were in front of me.
“Sandie didn’t look at or otherwise engage with me. Responded she had no concerns.
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“I said thanks and that I needed to know for the letter. She did not acknowledge me either through word or eye contact and left the area.”
In evidence, Mr Borthwick said the notes were not “contemporaneous”, adding: “There appears to have been changes at different dates and times, so it has been edited.”
The evidence bundle did not include the other patient safety concern which alleged that Ms Peggie walked out on a patient in the resuscitation room when Dr Upton entered.
The evidence bundle seen by The Herald also revealed Dr Upton logged two separate changing rooms incidents with Ms Peggie in October 2023.
She first said on October 16, Ms Peggie walked into the changing room while Dr Upton was changing.
The nurse looked “taken aback,” according to Dr Upton’s note.
Dr Upton said she said ‘hey’, with Ms Peggie replying ‘hi’, before the nurse abruptly walked out, according to the phone notes.
Dr Upton’s notes continue: “Once I’d gotten changed I left the changing room and she was waiting outside.
“She then entered the changing room despite having witnessed another doctor enter in the meantime.
“I know from hearing the other doctor mention it that she and the nurse had a conversation in the changing room.
“All very odd.
“Can’t help but feel slightly upset/put off by this.
“Disappointed as appears that she chose not to enter because of me and didn’t think I belonged there.”
Dr Upton ended that note: “Sad times :/”
On October 25, 2023, logged: “She did it again. Sandie was in the changing room when I walked in. Christina (consultant) came in too.
“Christina and I chatting. Presumably Sandie left as I then found her waiting outside to go back in once I’d left. Didn’t even say hi. Weird.”
In his report, Mr Borthwick questioned the method used by NHS Fife’s IT team, he warned the “accounts should have been examined by a digital forensic expert” and said he was “at a loss” as to why Dr Upton provided “such important evidence” through a Teams call.