Outgoing NHS Fife Chief Executive Carol Potter signed off on a controversial press statement issued during the Sandie Peggie employment tribunal, the health board’s lawyers have admitted.
The 1,700-word release, which sought to address what the board described as “misinformation” surrounding the case, was repeatedly amended following criticism from the nurse's legal team and the Scottish Information Commissioner.
Before it was changed, the statement appeared to link threats of violence against NHS staff to Sex Matters, the gender-critical campaign group supporting Ms Peggie.
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David Hamilton, the Scottish Information Commissioner, described it as “petulant” and said it “cast doubt” on previous assurances the board had given him.
He even warned that NHS Fife could face contempt of court proceedings in the Court of Session.
In October, The Herald revealed that John Swinney had personally requested a briefing from NHS Fife over the statement.
The confirmation from Fife Health Board that Ms Potter okayed the initial release came in response to further legal action lodged against the board by Ms Peggie’s legal team at employment tribunal.
The nurse is claiming victimisation against the health board and Ms Potter because of the statement.
The claims lodged against the board also include direct discrimination and harassment or victimisation because of its handling of the internal disciplinary process which concluded that there was “insufficient” and “no conclusive” evidence to support all the allegations against the nurse.
Her solicitor, Margaret Gribbon, confirmed the nurse is also taking action against the director of people and culture, David Miller, over his “failure since June 2025 to provide Sandie Peggie with assurances that [Fife Health Board] would not permit men, irrespective of their gender identity, access to female single-sex workplace changing rooms”.
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NHS Fife revealed last month that Ms Potter is to take early retirement from her £145,000 a year role.
The Chief Executive insisted her decision to stand down was unrelated to the tribunal judgment.
“This is my choice – I am aware of a lot of speculation surrounding it,” she told the board last week. “It is my choice. Given the fact I need to give at least six months’ notice, the timing was always going to be difficult."
Ms Peggie is suing NHS Fife and Dr Beth Upton after she objected to the transgender medic's use of the female changing rooms on Christmas Eve in 2023.
She has worked at Victoria Hospital in Kirkcaldy for more than 30 years but was suspended by the health board in January 2024.
An internal investigation cleared her of all gross misconduct allegations in July 2025, days before the employment tribunal resumed in Dundee.
Ms Peggie took her health board to tribunal, alleging harassment and victimisation under the Equality Act 2010 on the basis of her gender critical beliefs.
She opposed a decision by a HR manager to lift Ms Peggie's suspension in March last year.
Ms Peggie's legal team said these details only became known during the tribunal evidence.
The verdict in this initial legal battle is expected before Christmas.
The latest claims are distinct and will be heard in the new year.
Scottish Conservative shadow equalities minister Tess White MSP said: “This shocking admission from NHS Fife exposes Carol Potter’s complete lack of judgment.
“The reckless statement which attacked Sandie Peggie and women’s rights groups should never have seen the light of day, let alone been personally approved by a top boss.
“It confirms that the outgoing chief executive failed an experienced nurse, betrayed women and wasted huge sums of taxpayers’ money in doing so.
“This is why Russell Findlay urged John Swinney to sack Potter and other senior figures at NHS Fife when they released this statement, but he refused to do because the board were happy to impose the SNP’s gender self-ID policy on Scotland’s public services.
“As the CEO of NHS Fife prepares to depart, the First Minister should give a guarantee that we will never see a repeat of this shameful episode.”
A spokesperson from NHS Fife said: "We note the intention to bring further legal proceedings and have referred this to our legal team."
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