Sandie Peggie: NHS Fife legal fees cost revealed in trans doctor Beth Upton tribunal case
The cost of legal fees for NHS Fife in the Sandie Peggie tribunal case has been revealed.
More than £220,000 has been spent by NHS Fife on its defence in the Sandie Peggie tribunal hearing.
The health board quietly published the cost of legal fees to comply with a requirement from Scotland’s information commissioner.
David Hamilton, the Scottish Information Commissioner (SIC), had previously described the actions of the health board as “extremely frustrating”. He had warned bosses at NHS Fife they could be in contempt of court if the health board did not comply with FOI laws.
Three individuals had submitted Freedom of Information requests seeking the cost of the tribunal, which is centred on a transgender doctor using a female changing room. There has also been pressure from media outlets to disclose the sum, with NHS Fife now confirming it has £220,500 on legal fees to date.
However, the costs will be reclaimed by NHS Fife through a national risk scheme. The health board is only liable for a maximum of £25,000, to make sure frontline services are not impacted.
Ms Peggie, a nurse, was suspended from her work at the Victoria Hospital in Kirkcaldy, Fife, in January last year after she objected to Dr Beth Upton, a trans woman, using the female changing room in the A&E department.
She has lodged a claim against the Fife health board and Dr Upton, citing the Equality Act, including sexual harassment, harassment related to a protected belief, indirect discrimination and victimisation.
NHS Fife has been urged to concede the case following a Supreme Court ruling that a woman is defined by biological sex under equality laws. The SIC said the health board’s initial response to the FOI requests stated the information was exempt under rules protecting personal information.
However, it does not appear to have undertaken any searches for the information in response to the requests. Instead, it was subsequently obtained “after the review requests were received” from a separate service, the NHS Central Legal Office, which provides legal advice to NHS bodies.
‘Sleekit decision’
Conservative MSP Tess White said of the manner of publication: “This sleekit decision from NHS Fife only adds insult to injury. They have spent months rejecting legitimate requests to reveal how much taxpayers’ money they are squandering on this case.
“Senior figures within the health board must come clean about why this figure was not revealed sooner and how much more money from the public purse they expect to waste when the case resumes.”
The NHS Fife statement
A spokesperson for the health board said: “NHS Fife notes the report from the Scottish Information Commissioner, published on July 9, and will comply fully with the decision notice.
“The costs to date associated with the defence of the employment tribunal, brought against NHS Fife by Sandie Peggie have been made publicly available on the NHS Fife website.”
The spokesperson added: “NHS Fife sought a rule 50 order to protect the confidentiality of sensitive personal information of staff involved in the tribunal process. As a public sector organisation, NHS Fife has a duty of care to all its staff with consideration given to protecting their privacy, safety, security and wellbeing.
“The decision to apply for the order was made following legal advice and in line with the reasons outlined above.”
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