Correspondence between NHS Fife and Scottish Government ministers regarding employment tribunal: FOI release

Information requested

Following the judgment in the Sandie Peggie employment tribunal, published December 8, please provide any emails, minutes, documents, or messages between Neil Gray and NHS Fife relating to the case and the judgment.

If there is any correspondence from the First Minister and NHS Fife, please include this.

Response

I enclose a copy of some of the information you requested.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under sections 30(c) (prejudice to the effective conduct of public affairs) and 38(1)(b) (personal information) of FOISA apply to that information. The reasons why these exemptions apply are explained below.

An exemption under section 30(c) of FOISA applies to some of the information you have requested. The information withheld under this exemption relates to arrangements communicated by NHS Fife to the Cabinet Secretary for Health and Social Care in the context of an ongoing assurance relationship. Disclosure of this information would be likely to prejudice substantially the effective conduct of public affairs by undermining the trust required for effective engagement between NHS Boards and Scottish Ministers. Disclosure would risk inhibiting NHS Boards from sharing detailed and developing governance arrangements with Ministers, for fear that provisional mechanisms would be subject to misinterpretation before being finalised.

This exemption is subject to the public interest test. We recognise that there is a public interest in transparency and accountability following the publication of the Employment Tribunal judgment you refer to in your request. However, this is outweighed by the public interest in maintaining effective governance and assurance relationships between public bodies, and ensuring that Ministers are able to receive open and constructive engagement from NHS Boards on sensitive and evolving matters.

An exemption under section 38(1)(b) of FOISA also applies to some of the information requested. This information constitutes personal data relating to identifiable individuals acting below senior level, including direct contact details. Disclosure of this information would contravene the data protection principles set out in data protection legislation. This exemption is not subject to the public interest test.

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The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202500499673 - Information released - Annex

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