NHS Fife reveals £220,000 legal bill for trans row tribunal

NHS Fife has spent nearly £220,500 defending itself in an employment tribunal case brought by Sandie Peggie, a nurse who complained about sharing a changing room with a transgender doctor.

Ms Peggie was suspended following an incident at Victoria Hospital in Kirkcaldy, and claims her treatment by the health board was unlawful under the Equality Act.

The tribunal, which began in February, is due to resume next Wednesday and is expected to last another 11 days.

NHS Fife is only liable for the first £25,000 of the litigation costs, with the remaining money paid by a scheme set up to protect health boards.

Under the Clinical Negligence and Other Risks Indemnity Scheme, the Scottish government's health and social care directorate is initially responsible for costs above the £25,000 threshold.

This money is then recouped from member bodies in their annual contributions to the scheme which aims to ensure frontline clinical services are not affected.

Details of the spend were revealed after an order from the Scottish Information Commissioner following freedom of information (FOI) requests from the Herald newspaper and other publications.

The newspaper said the health board "repeatedly refused" to release the information due to concerns around assisting Ms Peggie's legal team, informing other legal firms on NHS billing expectations, and possible endangerment of staff.

But the health board said it did not have access to the information about the costs when the FOI requests were initially received.

The Information Commissioner, David Hamilton, said the way NHS Fife dealt with the FOI requests was "nothing short of appalling".

He said he was pleased to see NHS Fife "finally being transparent".

"The range of tactics used to obstruct those exercising their information rights has led to unacceptable delays, and a devastating erosion of trust in the health board," he added.

NHS Fife confirmed that, as of 31 May, a total of £220,465.93 had been spent so far on legal costs relating to the tribunal.

It said the figure included counsel fees and services provided by NHS Scotland's central legal office.

The health board said it was not possible to estimate the full cost of proceedings while the tribunal was still ongoing.

A spokesperson said: "NHS Fife notes the report from the Scottish Information Commissioner published on 9 July and will comply fully with the decision notice.

"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."

Sandie Peggie took NHS Fife and Dr Beth Upton to tribunal after she was suspended over an incident in the female changing room in Victoria Hospital in December 2023.

Ms Peggie objected to having to share the changing room with Dr Upton - a trans woman - and claims her treatment amounted to unlawful harassment under the Equality Act.

Dr Upton made an allegation of bullying and harassment against the nurse.

The incidents alleged by the medic happened before the UK Supreme Court unanimously ruled that a woman is defined by biological sex under equalities law.

At the time, NHS guidance said that trans men and women were allowed to use the changing rooms that aligned with their gender identity.

The Equality and Human Rights Commissioner has since written to NHS Fife and the Scottish government to remind them about workplace legislation around single-sex spaces.

The tribunal was initially scheduled to conclude in February after 10 days but has been adjourned until Wednesday 16 July.