We will hopefully be reporting from Day 6 of the July hearing of Sandie Peggie v Fife Health Board and Dr Upton.
The first session was in private + ran into lunch. At 1.15pm when Naomi Cunningham (NC) will continue her cross of Emergency Dept Consultant Dr Kate Searle (KS).
We begin.
J - before we start - considered press release of 18 jul, addressed in submission. No order in realtion to it. Can sit late if needed. Assume you are Miss Harris. Which oath?
Takes oath.
J - explains need for slow answers and speaking up.
JR - full name
Lauren Harris
JR - how long at fife
27 years this year
JR - job title
LH - dual role nurse educator and snr charge nurse
JR - what does it involve?
LH - managing staff on shift. day to day incidents, looking after staff.
JR -if you need a break do ask
JR - relationship to SP
LH - line manager
JR - others
LH yes also LC is line manager
JR - When
Jan 2020
JR - aware of GC views
LH - no
JR - ok if you don't know
No
??
JR - aware of incident ?
LH - no
JR - see SP later? Demeanour?
LH - saw her, nothing different
JR - turn to 722
JR - email from KS on 30 dec to you, catch up, describes incident DU/SP. recognise?
LH - yes
JR - involvement in catch up?
LH - don't think i was involved.
JR - describe whether you had discussion with SP about DU use of F CR
LH - at this time?
JR - december
LH - no
JR - aware of
any tensions?
LH - no
JR - aware of tensions with other staff over DU use of F CR?
LH - no
JR - another doc, 1253
email from MC to you and others, 3rd para SP also referred to NMC Know anything that?
LH - no
JR - another doc 259, GM sent to LC and you and ED and KT, OfS
JR - policy being made, need to keep confidential information such. Why did she send?
LH - asked to speak to sandie needed confidentialtity for herself.
JR - why needed
LH - ??? still IX ongoing
JR - LC and you , who had the conv?
LH - me
JR - when
LH - at shift change.
JR - where?
LH - the office i use, training room
JR - anyone else present?
LH - no
JR - point in SP shift?
LH - beginning
JR - what did you say?
LH - safety brief at start, after asked for conv. went to office. said been sent an email, aksed to pass on message
LH - scotland workforce policy to not discuss with anyone but representative to protect her confidentiality.
JR - what did SP say?
LH - told me she'd been advised by lawyer she should be discussing to try and get support.
JR - what do you think she meant, discussing case?
LH - looking for support internally
JR - said to her?
LH - its a supportive measure, passing on message.
JR - her reaction?
LH - upset, frustrated and a bit angry
JR - what happened next?
LH - I asked her about her wellbeing, didn't know what else to say. Not sure how I was meant
LH - to react
JR - she said?
LH - thought it was strange at work as people weren't discussing it, I said people trying to maintain professionalism.
JR - were you involved with this matter after that? the IX?
LH - no
JR - qu from NC
NC - Hello, just a few qu. Role of ED as investigator. Turn to 1253. email from MC consultant to a small group with you and ?? you two are the most jr members of group
LH - yes
NC - PC subject line, refers to foot in mouth syndrome. Ref to ED unable to do investigation, that's
NC - right isn't it not appropriate.
LH - I don't know
NC - 729 please. you were cc'd on email from KS of 12th Jan,
LH - yes
NC - first line to DU, KS says ED has taken lead.
LH - yes
NC - you may not know, but seems same people, with DU on the list were sent mail that ED was IX
NC - the people on the chain knew it shouldn't be here, know why?
LH - no
NC - new page. Setting up by MC as an inner circle discussion group. Can see no traffic on chain between 5th and 12th, no replies to that email. Recall any?
LH - no
NC - were you asked, sorry
NC - turn to 336, that's a letter 12th april to SP introducing AG as investigator, says in the mean time avoid talking to people other than rep for privacy. SP has been told in April she mustn't discuss IX. Why would that be? WItnesses told not to discuss?
NC - you aren't HR but generally
LH - in case of bias or ....
NC - email establishes group on 5th Jan, were you asked to look for emails in Feb?
Lh- can't remember date but yes
NC - how often asked?
LH - twice I think
NC - when?
LH - don't know
NC - aware of hearing?
NC probably waiting to be called.
LH - I don't remember dates well, I was asked to look a coupld of times
JR - she said I think so.
NC - you didn't turn up when asked the email at 1253 presumably? Or did you?
LH - can't remember, sorry, I shared everything I was copied into
NC and you were cc'd into this, is there a reason you didn't
LH - don't know
NC anyone ask you to keep it quiet?
LH - no
NC - to 359, you were asked to remind SP about confidentiality due to IX, due to MC foot in mouth email, the point of saying that can't be because of integrity
NC - of ix it was already compromised...
*missing*
NC - you are one of 2 most jr people, the most senior should have been concerned, but did you think it was an appropriate thing for MC to do?
LH - unless I have an action, I tend not to consider it.
NC - all the senior managers
NC - knew all about everything the only person being told not to discuss was sandie. True?
LH - we were all told not to discuss, only these emails
NC - no more Qu
J - nothing, any reexam?
JR - no
JR - 5 min break?
J - yes.
BREAK
Day 6 afternoon, second session will continue here.
J - you are still under oath
NC - afternoon KS. Back to doc disclosures and when 6th Feb, told you had further searched emails - JR said completed, previous, KS found another 4 emails...
J - slower and louder
NC - JR said KS had performed another search, 4 more emails sent over
NC - do you remember, mid-hearing being asked
KS - yes
NC - *refs where in bundle* you may not know, but turn to 720, another disclosure just before hearing 31st Jan, email from you 29th dec to all ED consultants. Sent days before hearing started
We will shortly be reporting from day 6 of the July hearing of Sandie Peggie v Fife Health Board and Dr Upton.
The first session is due to start at 11.30am when Naomi Cunningham (NC) will continue her cross examination of Emergency Dept Consultant Dr Kate Searle (KS).
A reminder of our disclaimer
Instruction from the judge for any future witnesses:
We're tweeting the second afternoon session of Peggie v Fife NHS Board and Dr Upton.
Naomi Cunningham will be cross examining ED consultant Kate Searle.
NC Good afternoon Dr Searle. I'd like to ask u some questions about documents first. That's MCs 5.2 email that yr cced into. Did u receive it?
KS Yes
NC Have u seen this case mgmt order before?
No
NC It's orders that the Rs provided. It says asap but Rs must supply all docs..
NC by this date [reading out] Were u aware of it?
KS An order for documents? I..I'm not sure.. I don't know
NC An email between u and IB on 8.1 that was provided to the C's before the order was made. Did u provide it/
KS I've trawled all my emails but before this I wasnt
The afternoon session of Peggie v Fife Health Board and Dr Upton is due to start at 2pm. We will be continuing with the examination of ED consultant Kate Searle (KS).
This is the second half of the afternoon session in the hearing at employment tribunal Sandie Peggie v NHS Fife & Dr Upton. Part 1 of the afternoon is here