Full Statement
With the employment tribunal now having recommenced, NHS Fife would like to clarify its position on a number of related matters. This is intended to answer some of the questions posed to the health board by members of the press, elected representatives and the public, and provide clarity around some of the misinformation circulating on social media and being reported in the wider media relating to the tribunal case that NHS Fife is having to defend.
NHS Fife has obligations, both as a public sector organisation and as an employer, to maintain the confidentiality of members of its staff, including those directly and indirectly involved in the tribunal. This, coupled with the requirement not to take any actions which could be seen to prejudice the legal proceedings, means that NHS Fife is restricted in what it can and cannot say publicly. NHS Fife remains committed to transparency, however, and will always aim to be open in the information provided directly to the public and to the media and will continue to act in accordance with its legal obligations and public duties.
The legal case brought against NHS Fife began after it commenced an internal investigation following allegations made by a member of its staff. The claimant’s case is being supported by Sex Matters, whose chief executive officer and co-founder was called as a witness by the claimant in the earlier hearing. The claimant’s barrister is also chair of Sex Matters. Other members of the organisation’s ‘advisory group’ have provided commentary to the media on a number of occasions where no reference is made to their direct involvement in the organisation. Sex Matters have been very active, making numerous statements which it would appear are aimed at steering public opinion in a way that NHS Fife as a public body clearly cannot.
While NHS Fife recognises the clear public interest in the tribunal, and of scrutinising NHS Fife’s actions as a public body, it remains important to be mindful of the privacy of all those giving evidence in the case. There has been significant and very polarised debate on social media regarding the case and associated issues, throughout. In some cases, however, what began as debate has evolved into much more worrying behaviour, including a threat of physical harm and sexual violence, which has required the involvement of Police Scotland.
We value the contribution of every member of staff and the diversity that strengthens our teams, services, and care. Our staff are committed professionals, and we are proud of the work delivered across NHS Fife every day. At this critical time, it is essential they remain focused on providing high-quality care and services without being subjected to unacceptable personal attacks and trolling on social media.
Why is NHS Fife continuing the tribunal case? Why not simply drop the action?
NHS Fife did not initiate the ongoing tribunal proceedings and is instead one of two ‘respondents’ being sued. NHS Fife cannot unilaterally stop proceedings - only the claimant can choose to withdraw the case. The claimant has said in a recent statement from her legal representatives that she is determined to continue with her legal claim, as she is entitled to do. NHS Fife respects and recognises the right of employees to pursue legal recourse if they believe wrongdoing has occurred.
The health board is not pursuing any legal action against the claimant - it is instead defending itself, as it is required to do. The legal case concerns a range of different claims and allegations, against NHS Fife and its staff, including in relation to the claimant’s suspension, the investigation, and other matters allegedly said or done.
Is this case not just about a staff member raising concerns about a trans woman using a female changing room?
While the claimant raised concerns about a trans woman’s use of a locker room, this was not the reason that NHS Fife’s internal investigation was initiated. As made clear during tribunal proceedings, the disciplinary process was initiated due to concerns raised about interactions with a colleague and patient care.
The Health Board has a responsibility to fully investigate where concerns are raised about the conduct of any of its employees, in accordance with established policies and procedures. The act of investigating a concern does not assume any wrongdoing.
An internal disciplinary investigation is not of itself punitive in nature and exists to fairly assess concerns raised by establishing facts. At the stage legal action via an employment tribunal was taken by the claimant in this case, NHS Fife had not reached any final conclusions on its internal investigation although, as widely reported, this has since been completed. NHS Fife believes its internal disciplinary process in this matter has been fair and impartial.
A statement regarding the conclusion of the internal investigation and the internal conduct hearing is available on the NHS Fife website here:- Media Statement – NHS Fife Outcome of Internal Conduct Hearing | NHS Fife.
To be clear, the NHS Fife internal disciplinary process (now concluded) is separate and distinct from the ongoing Employment Tribunal. The Employment Tribunal hearing will conclude on 30 July, and the Judgment is expected in the months following that.
How much has defending the employment tribunal case cost NHS Fife?
The cost to NHS Fife of defending the tribunal case is capped at £25,000. NHS Fife participates in the Clinical Negligence and Other Risks Indemnity Scheme (CNORIS), which works in a similar way to an insurance policy by protecting members against financial losses and legal costs pertaining to both clinical and non-clinical claims and settlements.
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.
Why did NHS Fife not provide the costs of the legal defence sooner?
Earlier this year, NHS Fife was asked to confirm the legal costs associated with the employment tribunal under FOI legislation. At the time these requests were made, NHS Fife 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 administer the CNORIS Indemnity scheme.
The Scottish Information Commissioner was critical of the thoroughness of the search carried out by NHS Fife and instructed the Health Board to “carry out adequate, proportionate searches for the information requested, reach a decision on the basis of those searches” (Decision 133/2025 | Scottish Information Commissioner).
Separately, NHS Fife sought and obtained information from its legal representatives, Central Legal Office, on the cost of legal services.
In the interests of transparency, and on the basis that similar information was being actively sought, NHS Fife made the decision to publish this information on its website with costs up until 31st May 2025, which at the time amounted to £220,465.93.
While it has been widely reported that NHS Fife was told to provide this information by the Scottish Information Commissioner, this is inaccurate. The information commissioner stated in his decision cited above that: “the withheld information the Authority provided to the Commissioner was obtained from CLO after the date it received the Applicants’ requests. This means the Commissioner cannot make a finding on, or require disclosure of, this information in his decision notice.” NHS Fife subsequently made the decision to publish the figures on its website up until 31 May 2025 in the interests of transparency, and on the basis that similar information was being actively sought.
Why did NHS Fife seek a Rule 50 (Privacy) Order at the start of the tribunal proceedings?
NHS Fife has a duty of care to all its staff. For those staff members involved in the tribunal, particular consideration was given to protect their safety, security and wellbeing. We believed that having the tribunal heard in private would mitigate the risks to the safety and wellbeing of all staff members attending or identified during the tribunal proceedings.
Why did NHS Fife seek to restrict Tribunal Tweets, and public access to live proceedings from the tribunal?
Following the end of the earlier tribunal hearings in February 2025, NHS Fife’s legal representatives were contacted by the Employment Tribunal and asked to provide comment on tweets by the Tribunal Tweets account on the X platform after a complaint by a member of the public. The account had originally been granted permission to live-tweet proceedings on the basis their reporting would be ‘fair and accurate’. The Health Board’s legal representatives analysed the tweets and highlighted several inaccuracies to the tribunal.
The tribunal subsequently ruled that Tribunal Tweets would be allowed to continue live reporting of the case; however, did state “It is a matter of concern nevertheless that mistakes were made, including writing a comment not by a witness or participant, but another observer, for example. The Tribunal reserves its position should further matters be brought to its attention, and the conditions for live tweeting provided previously are further breached”.
During the initial phase of proceedings there were also issues and disruption with the livestream due to the significant number of people granted access. To assist the smooth running of proceedings, our legal representatives sought to limit the stream to media as a means of reducing the opportunity for further disruption and interruptions. The livestream was disabled by the tribunal administrators for a time during the February hearing, because of these issues. The tribunal has since confirmed that it will continue to open the livestream to all that can be accommodated, for the July hearing dates, having implemented certain measures in this regard.
The Health Board appreciates that there are deeply entrenched views on both sides of the debate around single-sex spaces and has never sought to stifle fair and reasoned debate on the topic, asking only that any media coverage is respectful, fair, balanced, accurate, and distinguishes fact from opinion.
What changes have NHS Fife made in response to the recent Supreme Court ruling on the legal definition of a woman?
NHS Fife acknowledges the Supreme Court’s ruling and other developments in this area. Work is underway across the entirety of the health board's estate (including toilets, changing and locker rooms) to identify areas where any adaptions may be required and schedule any work that may be necessary to improve facilities. We are committed to delivering appropriate and respectful workplace arrangements.
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