Impressions from today’ watching:
The disciplinary process was somehow something they all were talking about and simultaneously a hot potato that no one wanted to be involved in. Lots of buck-passing…
GM today seemed more convincing than IB yesterday because she was prepared to agree with obviously sensible questions. And appeared baffled when asked (maybe 1st or 2nd question put to her) if she knew what her own sex was?!
GM was lured into repeatedly talking about the process and then caught in NC’s traps.
- It was the risk assessment (by others) that led to SP’s suspension. All proper process - nothing to see here …. oh dear …. it looks like the risk assessment was prepopulated and pre-dated SP’s interview. That shouldn’t have happened.
- Confidentiality a very very important part of the process. Very important! SP was sent a standard letter to remind her not to talk to anyone about the case….. oh dear …. It was sent to SP 7 months after the incident - bit late …. Oh dear…. no such letter was sent to Upton…. Oh dear ….. Dr Searle emailed 20 colleagues condemning Sandie’s behaviour 5 days after the incident (before an investigation started) and Upton’s emailed his witness statement to key witnesses asking for their comments thereby compromising everyone’s integrity…. That shouldn’t have happened.
- Sandie’s behaviour was the problem and on multiple events and we all agreed she harassed Upton and referred to Isla Bryson and chromosomes - what an awful woman! ….oh dear ….. we got the whole take from Upton and didnt bother to ask Sandie… [and we remain unaware of the Tribunal part 1 where Upton downplayed all this under oath admitting it was all exaggerated/didn’t happen so don’t realise how ridiculous we sound perpetuating claims that Upton himself has effectively withdrawn….].
- Also she said using discriminatory language was a disciplinary offence - while simultaneously misgendering Upton and admitting it was clear he was male.
I would summarise her evidence as “it wasnae me - a big boy did it an’ ran away”.
The managers joined in on a pile-on where they all collectively decided that Sandie was the problem and they made it all up as they went along instead of following proper policy.
Towards the end the Judge and panel members asked pointed questions. My recollection was that they wanted to know about who was responsible since GM wasnt responsible for anything at all gov! Goodness knows how they’re retaining all this information - the bundle is 2 huge lever arch files plus the hearing notes.
After 2 days it seems fairly clear to me from the evidence so far - NHS Fife have failed on process/procedure. Firstly they allowed Upton’s to use the CR without even considering women’s rights so enabled his sex discrimination of female staff as well as their own discrimination against the women. Following on from that there are clear detriments to Peggie including multiple ongoing suspensions, defamation via Dr Searle’s email, hostile work environment etc etc. They also completely failed to run a fair disciplinary process. JR doesn’t seem to have any defence - it’s all damage limitation at this point. They have been well and truly “Fife’d” and we are only 2 days into part 2. What else can come up?