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The Herald Scotland
31-07-2025
- Health
- The Herald Scotland
The story of NHS Fife's legal fees in Sandie Peggie tribunal
However, the case is complex and NHS Fife do not actually pay the full costs. The taxpayers most likely will. Shared legal team Crucially, NHS Fife is sharing a legal team with Dr Upton, the transgender medic at the forefront of the case. This may sound odd but it is actually standard in NHS legal cases. It is argued that the staff member may only have become exposed to any risk of liability after being sued while doing their job. However, NHS Fife must weigh up the risks in sharing a legal team, including whether there could be any "conflicts of interest". Ms Peggie is suing her employer and Dr Upton after she objected to the trans medic's use of the female changing room on Christmas Eve in 2023 at Victoria Hospital in Kirkcaldy. She also made reference to the situation being similar to men being housed in the female prison estate. The nurse was placed on special leave in December 2023 and suspended in January 2024. She was cleared of all misconduct allegations on July 15 2025, including two patient safety complaints. NHS Fife legal team It is important to note that health boards in Scotland do not directly employ their own solicitors. Solicitors in the Central Legal Office (CLO) act exclusively for the NHS. However, the CLO then appointed Jane Russell KC, from the Essex Court of Chambers in London, to represent the case in court. Silks - or King's Counsel (KC) barristers - typically charge between £500 and £1,500 per hour. Given Ms Russell had been at Dundee Tribunal Hearing Centre over 10 days from July 16, with court sitting approximately between 10am and 4pm each day, the recent sessions could have cost the health board in the region of £30,000. However, NHS Fife is a member of the Clinical Negligence and Other Risks Indemnity Scheme (CNORIS). This is a pooling arrangement between Scottish health boards and means NHS Fife will only be required to meet the first £25,000 of the cost. The remaining bill is covered by the scheme, which is paid for through the Scottish Government's Health and Social Care Directorate that underwrites the scheme. Costs so far As of June 30, NHS Fife have accrued £258,831.31 in legal costs associated with the Sandie Peggie case. But the costs are undoubtably set to rise. Research by Murray Blackburn Mackenzie policy collective states: "The decisions which have driven the cost of this case rest formally with NHS Fife, but in practice the CLO also appears to be a relevant decision-maker of some sort, but to what extent and with what oversight from its own senior management, is very difficult to say. "Perhaps the only place it will ever be possible to unpick the full story of who decided what, when and how, will be in front of a parliamentary committee, with the questions asked direct of senior staff and board members for NHS Fife, National Services Scotland and the Scottish Government itself." In a statement published on July 18, NHS Fife said: "As of 30 June 2025, £258,831.31 in legal costs have been recorded as expenditure related to the legal services associated with this case. "NHS Fife is liable for the first £25,000 of costs associated with defending the case." Earlier this year, NHS Fife did not reveal the legal costs, stating that the health board "believed that it did not hold the figures requested as the legal fees were managed through the Central Legal Office (CLO) and National Services Scotland (NSS) who administered the CNORIS Indemnity scheme". Following criticism from the Scottish Information Commissioner, NHS Fife revealed the costs amounted to £220,465.93 up to May 2025.
The National
18-07-2025
- Health
- The National
Sandie Peggie denies making racist comment as new allegation emerges
Witnesses Dr Elspeth Pitt, a consultant in emergency medicine, and Louise Curran, a senior charge nurse and Peggie's line manager, gave evidence on Friday. Pitt was the first person to see Dr Beth Upton after her altercation with Peggie, while Curran gave insight into Peggie's character. The Herald reported Curran told Ms Russell KC that she had heard Peggie had views on "religion, race and politics" through conversations with other staff members. She stated that she had heard Peggie was not happy about transgender staff using female facilities, before stating: "I believe there had been a racist comment to one of our junior doctors who is now a consultant." READ MORE: Pro-independence politicians respond to John Swinney's strategy She went on to reference a comment allegedly made by Peggie that she was unhappy with different types of food being cooked in the staff room by an Asian staff member. Bundles of evidence seen by The Herald said Peggie "strongly denied" claims of racism. She said: "The inference is I am racist and if Louise Curran is going to level such a serious allegation, then she should provide the names of the staff she states gave her this information." Peggie also pointed out that she works nightshift and would not be present during staff lunch periods. "I work night shifts only and so I'm never present at work when staff doctors are preparing their lunches. The team is extremely diverse from a wide range of ethnic backgrounds and I have a good working relationship with all colleagues," she said. Peggie was suspended from work at the Victoria Hospital in Kirkcaldy, Fife, on January 3 2024 after Dr Upton made an allegation of bullying and harassment, the tribunal heard earlier this year. Earlier this week it emerged she had been cleared of all internal disciplinary charges. Peggie's solicitor, Margaret Gribbon, said: 'On Tuesday, 14th July, the evening before the resuming of her tribunal, Sandie Peggie received confirmation from Fife Health Board that following a disciplinary hearing, none of the gross misconduct allegations against her were upheld. 'Sandie is relieved and delighted that this 18-month-long internal process has concluded and cleared her of all allegations.' Last week, it emerged NHS Fife had spent more than £220,000 defending itself in the employment tribunal, which is expected to last several more days. However, the amount the health board pays is capped at £25,000 because it is part of a Scottish Government scheme known as Clinical Negligence and Other Risks Indemnity Scheme (CNORIS). Taxpayers cover these costs.
The Herald Scotland
18-07-2025
- Health
- The Herald Scotland
Swinney must 'intervene' in NHS Fife case with Sandie Peggie
Hours before the employment tribunal resumed on Wednesday, the Kirkcaldy nurse was cleared of all four allegations of gross misconduct. However, the employment tribunal continues, with Ms Peggie, an A&E nurse at Victoria Hospital in Kirkcaldy, suing her employer following a confrontation with a transgender medic on Christmas Eve 2023. Ms Peggie said she entered the changing room in the emergency department and saw Dr Beth Upton, a trans woman. The nurse said that in her view, the medic was a man who should not be in the room. She was placed of 'special leave' and suspended in January 2024 following a complaint by Dr Upton. Former SNP minister Mr Ewing said Ms Peggie had been 'hounded and persecuted' for defending her right to single-sex spaces. Read more: NHS Fife revealed it has already spent around £220,000 defending the case – but Mr Ewing warns it could amount to a staggering £500,000 unless the health board 'throws in the towel'. The First Minister, he said, must display leadership and use the Scottish Government's statutory powers under the National Health (Scotland) Act and the Public Health (Scotland) Act 2008. These powers mean health boards must obey orders given by Scottish ministers. 'When my friend the late Alex Salmond won his judicial review case against the [[Scottish Government]], it was because they were forced to admit their defence was hopeless,' Mr Ewing said. 'The same applies in the case by Sandie Peggie, against the Fife Health Board, theirs is hopeless.' He added: 'It is not actually the Fife board but the Scottish Government that will foot at least 90% of the legal fees.' The outspoken MSP said NHS Fife would pay £25,000 of the legal tab, while the rest would be met from a Scottish Government fund known as the Clinical Negligence and Other Risks Indemnity Scheme. 'Unless the Fife health board's towel is thrown in, as surely it should, the cost may be an eye-watering £500,000, or more,' Mr Ewing added. Read more: 'Just think how many operations and health treatments could have been provided for half a million quid? 'That's why our First Minister, John Swinney, must now display guts and true leadership. 'He must surely step in and order the board to throw in the towel. It is his responsibility as the steward of these public funds. 'He will ultimately be responsible if they are wasted as surely, they will be, when Fife lose.' Mr Ewing also said that Ms Peggie should be awarded 'full and proper compensation', while her legal costs covered, while the chair and chief executive of NHS Fife should 'be required to resign'. Mr Swinney, and health secretary Neil Gray have both expressed their full confidence in the health board. On Wednesday, Ms Peggie was cleared of allegations of unwanted behaviour towards another member of NHS Fife staff, and allegations of leaving patients 'unseen' because of the presence of Dr Upton. NHS Fife said there was 'insufficient evidence to support a finding of misconduct'. The health board said it was a 'complex and sensitive matter' but stressed the process had been 'appropriately followed'. Mr Ewing's sister Annabelle, who is a sitting SNP MSP, described the tribunal as a 'farce'. Her intervention came days after her Holyrood colleague Michelle Thomson demanded NHS bosses quit. The Scottish Government has been asked for comment.
BBC News
10-07-2025
- Health
- BBC News
NHS Fife reveals £220,000 legal bill for Sandie Peggie 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 a scheme to protect health boards paying out the remaining money. 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 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 Information Commissioner following FOI requests from the Herald newspaper and other 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 the health board said it did not have access to the information about the costs when the FOI requests were initially Fife confirmed that, as of 31 May, a total of £220,465.93 has been spent so far on legal costs relating to the said the figure included counsel fees and services provided by NHS Scotland's central legal 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."The Information Commissioner's Office has been asked for comment. Harassment claims 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 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 Upton made an allegation of bullying and harassment against the incidents alleged by the medic happened before the UK Supreme Court unanimously ruled that a woman is defined by biological sex under equalities the time, NHS guidance said that trans men and women were allowed to use the changing rooms that aligned with their gender Equality and Human Rights Commissioner has since written to NHS Fife and the Scottish government to remind them about workplace legislation around single-sex tribunal was initially scheduled to conclude in February after 10 days but has been adjourned until Wednesday 16 July.
The Herald Scotland
09-07-2025
- Health
- The Herald Scotland
NHS Fife reveals £220k legal bill in Sandie Peggie tribunal
It simply said: 'NHS Fife can confirm that, as of 31 May 2025, a total of £220,465.93 has been incurred in legal costs relating to an ongoing Employment Tribunal case brought against the board. This figure includes Counsel fees and services provided by NHS Scotland's Central Legal Office. 'These costs will be reclaimed through the national Clinical Negligence and Other Risks Indemnity Scheme (CNORIS). Under CNORIS, NHS Fife's financial liability is limited to £25,000, which ensures that the legal proceedings do not impact frontline clinical or patient services. 'NHS Fife is not in a position to estimate the full cost of proceedings while the Tribunal remains ongoing.' More to follow...
