NHS Fife statement on the recommencement of the employment tribunal information: FOI release

Information requested

Information held by the Scottish Government relating to a statement released by NHS Fife on 18th July titled, “Statement on the Recommencement of the Employment Tribunal".

1. Correspondence with NHS Fife
– All correspondence (emails, letters, Teams/Slack chats, WhatsApp, Signal, SMS, call notes, and any attachments/drafts) exchanged between:
• Cabinet Secretary for Health and Social Care Neil Gray, his Private Office, and/or Health & Social Care Communications;
• Special Advisers assigned to Health;
• Director-General Health and Social Care Caroline Lamb and relevant senior officials;
and
• NHS Fife (including Chief Executive Carol Potter and NHS Fife Communications).

2. Drafts
Any drafts of the statement (or extracts) seen by the Scottish Government prior to publication, and records indicating who within SG saw them and when.

3. Clearance/approval trail
– Submissions, cover emails, advice notes, or decision logs indicating whether SG commented on, requested changes to, or approved the statement or its edits.

4. Rationale and risk handling
– Briefings, lines-to-take, media handling notes, or risk assessments prepared for or sent to Neil Gray / his Private Office / Special Advisers / Health & Social Care Communications / DG Health that reference the statement or its subsequent edits.

5. Correspondence logs
– Email/message schedules held by the above offices showing the existence and dates/times of relevant items.

Timeframe: 1 July 2025 to 31 July 2025.

Response

To help us manage your FOI request effectively, we broke it down into numbered components. This approach was taken to streamline our internal searches and the collation of relevant material. It also enabled us to respond more precisely with the information we hold.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested.

With respect to Question 1, while our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. No relevant records were identified following an information trawl issued to relevant officials and Private Offices, and a search of our internal system. As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

With respect to Question 2, the Scottish Government had no prior sight of, or contribution to, NHS Fife’s Statement before its publication. As such, in this instance the Scottish Government does not have the information you have requested. No relevant records were identified following an information trawl issued to relevant officials and Private Offices, and a search of our internal system. As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

With respect to Question 3, in this instance the Scottish Government does not have the information you have requested. No relevant records were identified following an information trawl issued to relevant officials and Private Offices, and a search of our internal system. As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. As previously stated, the Scottish Government had no sight of, or contribution to, NHS Fife’s Statement before its publication.

With respect to Question 5, in this instance the Scottish Government does not have the information you have requested. No relevant records were identified following an information trawl issued to relevant officials and Private Offices, and a search of our internal system. As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

With respect to Question 4, exemptions under sections 30(b)(i) (free and frank provision of advice), 30(b)(ii) (free and frank exchange of views), 30(c) (effective conduct of public affairs), 36(1) (confidentiality of legal advice), and 38(1)(b) (personal information) of FOISA apply to some of the information you have requested.

Sections 30(b)(i) and 30(b)(ii) recognise that officials and legal advisers must be able to provide free and frank advice and exchange views when handling sensitive matters such as ongoing Employment Tribunal proceedings. Disclosing this material would be likely to inhibit the candour of future discussions on similar matters, particularly where legal and operational issues are under active consideration.

Section 30(c) applies because disclosure of internal discussions on communications handling, reputational risks, and strategy during ongoing legal proceedings would substantially prejudice the effective conduct of public affairs by undermining the Scottish Government’s ability to manage sensitive legal issues in real time.

Section 36(1) applies because some of the information consists of legal advice obtained from or shared with the Scottish Government. This information is subject to legal professional privilege, and disclosure would breach that confidentiality.

Section 38(1)(b) applies because the material contains personal data, such as names and contact details of individuals who are not senior officials. Disclosing this information would contravene data protection principles.

These exemptions are subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered whether the public interest in disclosing the information outweighs the public interest in applying the exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions.

We recognise that there is some public interest in the disclosure of information to promote transparency and accountability in how the Scottish Government handled communications in relation to the Employment Tribunal case. However, this is outweighed by a strong public interest in maintaining the space for officials and legal advisers to exchange views and provide advice candidly, particularly during live legal proceedings. There is also a clear public interest in upholding the confidentiality of legal advice, which is a fundamental principle of the legal system, and in protecting the personal data of individuals.

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FOI 202500486035 - Information released - Documents

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