NHS Fife employment tribunal documentation: FOI release

Information requested

All documentation, including briefings, analysis and advice sent to Scottish Government Ministers by civil servants about the Sandie Peggie v NHS Fife case in Q1 2026.

Response

I enclose a copy of some of the information you requested in the format you asked for.

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 the following exemptions under FOISA apply to that information:

• Section 30(b)(i) (free and frank provision of advice)
• Section 30(b)(ii) (free and frank exchange of views for the purposes of deliberation)
• Section 30(c) (prejudice to the effective conduct of public affairs)
• Section 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(b)(i) of FOISA applies to some of the information you have requested.

The information withheld under this exemption forms part of internal briefing prepared by officials to advise Ministers on developments relating to the Employment Tribunal and related issues. Disclosure of this information would be likely to inhibit substantially the free and frank provision of advice in future. Officials must be able to provide Ministers with candid assessments and handling advice on sensitive and evolving matters, including issues which may attract parliamentary scrutiny or media attention. If such advice were disclosed, officials would be likely to moderate the content of their advice, which would reduce the quality and usefulness of the briefing provided to Ministers.

This exemption is subject to the public interest test. While there is a public interest in transparency around how Ministers are briefed on high-profile issues, this is outweighed by the public interest in ensuring that Ministers can receive full and candid advice from officials when dealing with sensitive and ongoing matters.

An exemption under section 30(b)(ii) of FOISA applies to some of the information you have requested.

The information withheld under this exemption relates to internal exchanges between Scottish Government officials as part of the process of preparing briefing and advice for Ministers on developments relating to the Sandie Peggie v NHS Fife Employment Tribunal and associated issues. Disclosure of this information would be likely to inhibit substantially the free and frank exchange of views for the purposes of deliberation in the future. Officials must be able to discuss considerations and approaches when preparing advice on sensitive and evolving matters. If such exchanges were disclosed, officials would likely be more cautious in expressing views, which would reduce the quality and effectiveness of internal deliberation.

This exemption is subject to the public interest test. While there is a public interest in transparency around how the Scottish Government considers and discusses high-profile issues, this is outweighed by the public interest in ensuring that officials can engage in candid internal discussions when developing advice and briefing for Ministers.

An exemption under section 30(c) of FOISA applies to some of the information requested.

The information withheld under this exemption relates to material prepared to support parliamentary business. Disclosure of this information would be likely to prejudice substantially the effective conduct of public affairs. Releasing this information would be likely to undermine the ability of officials to provide Ministers with candid and comprehensive briefing in preparation for parliamentary proceedings. Officials must be able to provide Ministers with frank and forward-looking advice when preparing for parliamentary scrutiny, particularly in relation to legally sensitive and high-profile matters. If such briefing material were routinely disclosed, officials would be likely to moderate the content and scope of briefing provided to Ministers, which would reduce its effectiveness.

This exemption is subject to the public interest test. While there is a public interest in transparency around how Ministers are briefed on high-profile matters, this is outweighed by the public interest in ensuring that Ministers can receive full and candid briefing in preparation for parliamentary scrutiny and that the Scottish Government can prepare effectively for parliamentary proceedings.

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 Civil Service level, including names and 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.

About FOI

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 202600506859 - Information released - Annex

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PDF

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531.2 kB