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EXCLUSIVE: NHS Fife finally reveals six-figure legal cost of trans row tribunal

It comes as the under-fire health board was warned it could face a contempt of court order if it fails to comply with Freedom of Information laws.

NHS Fife nurse Sandie Peggie. Image: Kenny Smith/DC Thomson.
NHS Fife nurse Sandie Peggie. Image: Kenny Smith/DC Thomson.

The controversial NHS Fife transgender row tribunal has cost the taxpayer more than £220,000 so far, The Courier can reveal.

Bosses have confirmed the eye-watering legal bill so far after months of trying to conceal the true figure.

But NHS Fife will only have to pay a fraction of the final cost when the tribunal comes to the end – since the rest is being covered by a national risk scheme.

The health board will be liable for a maximum of £25,000.

The costs of the explosive tribunal – which is due to reconvene next week on July 16 for a further two weeks – are likely to rise significantly as hearings continue.

The case centres on Kirkcaldy A&E nurse Sandie Peggie, who is suing her employer after she was suspended following a changing room row with trans doctor Beth Upton.

Ms Peggie told Dr Upton she was uncomfortable at the two of them sharing a female locker room on Christmas Eve in 2023.

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

The latest revelations come as NHS Fife was rebuked for a second time over its handling of Freedom of Information (FOI) questions related to the case.

Scottish Information Commissioner David Hamilton warned a contempt of court order was a possibility should the health border not comply with FOI laws.

In May, he rebuked NHS Fife governance chiefs for failing to do any proper checks about the overall cost of the tribunal.

He told the health board he was “frustrated” by the health board’s approach which had led to an “unnecessary delay”.

Mr Hamilton ruled it was “unhelpful” of NHS Fife not to make clear it was only paying “part” of the legal bill for the hearing when this information was requested.

Today he has criticised governance bosses again for a lack of transparency over the specific cost of attempts to have the case heard in private.

The information commissioner said he has a “growing concern” over the health board’s “continuing inability to evidence reasonable searches”.

North East Tory MSP Tess White. Image: Steve Brown/DC Thomson.

North East Tory MSP Tess White criticised NHS Fife.

Bosses published the cost of the tribunal on the health board’s website.

She said: ““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.”

On its website, NHS Fife said it is currently unable to estimate how much the tribunal will cost when it concludes.

A statement read: “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.”

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