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EXCLUSIVE: NHS Fife keeps cost of trans changing room tribunal secret

The health board is refusing to disclose how much taxpayers’ cash it has spent on the hearing.

NHS Fife nurse Sandie Peggie arrives at employment tribunal in Dundee. Image: PA.
NHS Fife nurse Sandie Peggie arrives at employment tribunal in Dundee. Image: PA.

NHS Fife is refusing to say how much money it has spent defending itself against claims of discrimination by nurse Sandie Peggie at the employment tribunal.

The health board will likely spend tens of thousands in taxpayers’ cash on legal fees to defend its case against Kirkcaldy nurse Sandie Peggie.

But a question mark remains over the exact total as NHS Fife claims it is prohibited from revealing this because it would disclose personal information.

It comes after The Courier submitted a request for the sum using freedom of information laws.

The health board has also refused requests to interview chief executive Carol Potter on the issue.

Ms Peggie was suspended by her employer following a locker room confrontation with trans doctor Beth Upton on Christmas Eve in 2023.

She claims NHS Fife breached the equality act and claims she was subjected to unlawful harassment because Dr Upton was allowed to use women’s facilities.

The health board is providing legal counsel to Dr Upton, who Ms Peggie is also suing.

The health board and Dr Upton are being represented by Jane Russell KC.

It’s estimated top employment barristers like Ms Russell can charge up to £650 per hour.

Murdo Fraser
Scottish Conservative MSP Murdo Fraser. Image: Andrew Cowan/Scottish Parliament.

Mid Scotland and Fife Tory MSP Murdo Fraser accused the health board of resorting to “secrecy”.

He told The Courier: “NHS Fife just continue to dig deeper holes over the Sandie Peggie case.

“There is legitimate public interest in the costs to the taxpayer of defending the tribunal claim being made public.

“With NHS awaiting times at a record high, every penny of precious resources being spent on legal costs here is money that could be used elsewhere to good effect in the NHS.

“In time these details will need to be revealed, so the secrecy around this issue is hard to understand.”

Dr Beth Upton at the NHS Fife tribunal. Image: Kenny Smith/DC Thomson.

NHS Fife originally tried to fight the tribunal in private and did not want Dr Upton’s identity to be disclosed to the public.

This was rejected by a judge.

On Saturday, The Courier revealed how staff at Kirkcaldy’s Victoria Hospital are allegedly split over the row.

Ms Peggie claims 20 staff shared her concerns over Dr Upton being allowed to use the women’s changing room.

But three A&E nurses who spoke to The Courier said they were “disgusted” by online abuse Dr Upton has received during the tribunal.