A Dundee nursery says it will robustly defend itself after claiming Health Secretary Humza Yousaf is suing it for £30,000 in a discrimination row.
Mr Yousaf and his wife Nadia El-Nakla are pushing ahead with a legal case against Little Scholars Day Nursery in Broughty Ferry.
A legal writ against the business has now been lodged at Glasgow Sheriff Court alleging a contravention of the Equality Act.
It comes amid claims that the nursery discriminated against their daughter when the couple were applying for a place there.
If successful, the family’s solicitor Aamer Anwar says they have asked for any compensation to be donated to an anti-racism charity.
The family’s complaint was upheld by the Care Inspectorate, which says it found the nursery did not “promote fairness, equality and respect” – though Little Scholars has challenged the claim made by inspectors.
In a statement released on Friday, the nursery says it has been contacted by solicitors acting on behalf of the health secretary and his wife.
A spokesperson told The Courier: “We are saddened, but not wholly surprised, to learn legal proceedings have now been raised by Nadia El-Nakla with an astonishing claim for £30,000 in damages in a continuation of this campaign against us.
Nursery will defend itself ‘robustly’
“They have previously demanded an apology but we cannot apologise for something we haven’t done – no matter the pressure applied to us – simply to halt what we feel has become a vendetta against a small nursery.
“We will therefore be robustly defending our staff and our business in any legal case which may arise.
“We remain sharply focused on the care of the children we look after and would like to extend our thanks to the families we work with and those within the local community who continue to support us through this difficult time.”
Mr Yousaf and Ms El-Nakla’s legal team has confirmed it had started proceedings against the nursery, which trades as Sword (Nursery) Ltd.
Solicitor Aamer Anwar said: “My client has always been willing to discuss matters with the nursery, but that has proved impossible.
“As long as the owners of the nursery continue to ignore my client’s reasonable request for a public acknowledgement of the Care Inspectorate’s findings, and an apology for the hurt they caused my clients, then we remain instructed to pursue legal action.
Compensation would be donated to anti-racism charity
“The action is for an alleged contravention of Section 29 of the Equality Act 2010.
“Any potential compensation awarded through court proceedings would of course be a matter for the sheriff, however if successful, our client had instructed that this be donated to an anti-racist charity of her choice.”
The row was prompted after the family had applied for space at the nursery but were told none was available.
But the couple, who live in Dundee, said applications at the same time by friends for children with “white Scottish-sounding names” were accepted, something the nursery has consistently denied.
The family’s complaint was upheld by the Care Inspectorate, which said in its inspection that it had found the nursery did not “promote fairness, equality and respect”.
Humza Yousaf: Dundee nursery discrimination complaint upheld by inspectors