To NHS Fife, which is once again making headlines for all the wrong reasons. The Scottish health board has been slammed by the country’s information tsar for failing to publish its spend on an ongoing employment tribunal brought against it by nurse Sandie Peggie. Whatever happened to transparency, eh?
After nurse Peggie questioned a transgender doctor for using the female changing rooms, she was suspended by the Scottish health board. The move pushed her to bring a landmark tribunal against NHS Fife and Dr Beth Upton for harassment and discrimination and prompting heated discussion about what the Equality Act says about the provision of single-sex spaces. But when investigators approached the health board about the money spent on the tribunal, NHS Fife refused to be drawn – as the Spectator noted at the time. Instead, the Scottish health board said it had ‘no indication of costs’.
This hasn’t satisfied Scottish Information Commissioner David Hamilton, however, who has ruled that NHS Fife has failed to comply with the law. Hamilton states that the health board had only approached Central Legal Office – that provides legal advice to Scotland’s NHS – for the costings. In addition, he says, the health board should have conducted ‘proportionate searches’ itself for the relevant information. The information tsar has since ordered NHS Fife to carry out a further review – and to get back with a response by 14 July. Tick tock…
It’s another blow for the Scottish health board, after the Supreme Court ruled last month that the terms ‘woman’ and ‘sex’ in the Equality Act refer to biological sex, prompting the EHRC to issue new guidance about single-sex space provision. In the aftermath of the judgment, the health board issued a non-committal statement, remarking: ‘NHS Fife notes the clarity provided by today’s Supreme Court ruling regarding the legal definition of a woman. We will now take time to carefully consider the judgment and its implications.’ Will it now U-turn on its stance on the matter? Stay tuned…
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