Here's where the blame for NHS Fife-Sandie Peggie case really lies
NHS Fife should have admitted its mistakes in its handling of the dispute between nurse Sandie Peggie and transgender doctor Beth Upton by now, but the SNP government is ultimately responsible
A million pounds is enough to train four doctors, hire 30 newly qualified nurses or buy an MRI scanner. That’s how much the case of Sandie Peggie versus NHS Fife will eventually cost, not including any potential compensation, according to some estimates. NHS Fife has already spent £250,000 on legal fees alone.
Ms Peggie took her employer to a tribunal after she was suspended for objecting to sharing a women’s changing room with transgender doctor Beth Upton. But the truth is that Ms Peggie should never have been put in a position where she was forced to take NHS Fife to a tribunal in the first place.
Imagine how much distress could have been avoided if the health board could have simply pointed to clear guidance setting out the Equality Act’s exceptions for single-sex spaces, and offered practical alternatives that gave dignity to both.
READ MORE: How Sandie Peggie-NHS Fife case is writing the obituary of gender identity politics in Scotland
Nurse cleared of wrongdoing
Instead, the SNP government created a culture of uncertainty and ambiguity and issued guidance that was ahead of the law – leaving the health board to flounder in its response.
Earlier this year, the Supreme Court ruling made clear the Equality Act’s provisions must be respected. And last week, just before the tribunal resumed, NHS Fife formally cleared Ms Peggie of any wrongdoing.
Both of these were opportunities to settle the case. So why is NHS Fife persisting with an expensive, time-consuming tribunal rather than sparing themselves further embarrassment? Why, when it released a statement, did it focus so much on defending its attempts to restrict public access to the tribunal, rather than admitting its mistakes?
And why, when ambulance crews were forced to run makeshift wards outside Kirkcaldy’s A&E department, is NHS Fife’s leadership not prioritising reducing waiting times and ensuring patients get the treatment they need?
READ MORE: Sandie Peggie: Issue of trans doctor using female facilities previously raised, tribunal told
Dignity and privacy
It is the SNP government that is ultimately responsible for our NHS – and it has the resources to match. The SNP government’s Health Workforce Directorate has oversight of NHS boards and its central legal unit is there to ensure they pick their legal battles wisely.
The Scottish Government will know what’s going on, so too will the First Minister and Health Secretary. Full and frank discussions will have taken place about NHS Fife. So why are they letting this continue?
The irony of this case is that it centres on dignity and privacy.
While this tribunal drags on, there are patients stuck in A&E or waiting longer than they should for treatment. Every day, NHS staff arrive for long, intense shifts in under-resourced, under-staffed wards.
NHS Fife’s decision to prolong this case does not benefit any of them, nor its reputation. Indeed, the whole sorry saga has become a symbol of an SNP government that fails to challenge NHS bosses over their performance, yet is happy to spend taxpayer’s cash on defending this charade at tribunal.
The SNP government must tell NHS Fife to conclude this mess. As a matter of urgency, ministers need to provide clear guidance to all health boards so they can make their staff feel protected and respected within the boundaries of the law.
It’s time for NHS Fife to get back to the day job of treating patients. And it’s time for John Swinney to show some leadership and settle this case.
Jackie Baillie MSP is Scottish Labour’s spokesperson for health
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