A nurse has lost her employment tribunal claim that the Royal College of Nursing (RCN) discriminated against her because of her gender-critical beliefs. The tribunal rejected Sandie Peggie's allegation that the union failed to support her during a dispute with a transgender colleague, finding no conscious or subconscious discrimination.
The tribunal, which finished hearing evidence in Dundee last month, centred on whether the RCN should have provided Peggie with legal advice after the union contacted her over her suspension.
The dispute stems from Peggie's objection to sharing a changing room at Victoria Hospital in Kirkcaldy with Dr Beth Upton, a transgender woman. The matter came to a head in December 2023, and Peggie was suspended in January 2024. She previously brought a tribunal against NHS Fife and Dr Upton, partially winning a harassment claim against the health board last December, but her other allegations were dismissed.
In a written decision, employment judge Melanie Sangster said Peggie did not request legal assistance during a call with RCN representative Stuart Fraser. The tribunal ruled that Fraser's approach during the call was in line with the approach he would take in other cases. Peggie subsequently received funding for legal representation in her case against NHS Fife and Dr Upton from campaign group Sex Matters.
She was formally refused legal assistance by Norman Provan, associate director of employment with RCN, in January 2025. In written reasons, Provan said Peggie had already sought independent legal advice and her claim had been submitted before she sought RCN assistance. Peggie was told the RCN would continue to represent her in internal disciplinary matters.
Peggie also raised a claim over a union official not copying a letter from Peggie requesting assurances over protections for staff with sex-realist beliefs in an email to all RCN members. Judge Sangster accepted that the email would have been circulated wider if others had raised similar concerns, but none of the RCN's 55,000 Scottish members had done so.
A spokesperson for Peggie described the decision as "worrying" for union members. They said the judgement entitled the union to "characterise" female staff's concerns over sharing spaces with colleagues born as biological males as a "disagreement" rather than "an expression of her protected belief". They added: "It raises serious questions about the value of trade union membership if, when members report workplace concerns, the responsibility falls on them, rather than on experienced and trained union officers supported by internal and external legal teams, to identify the correct statutory basis for potential legal claims."
An RCN spokesperson said: “The judgment is comprehensive and we welcome the decision that we did not discriminate against our member based on her protected beliefs. RCN staff followed agreed processes that apply to all members and we acted fairly and impartially. We are sorry these matters were aired before the tribunal.” They added: “The RCN is an anti-discrimination organisation, supporting all of its members.”
A spokesperson for Peggie said her legal representatives were considering the judgment before recommending any further legal steps available to her.
Analysis
Why This Matters
- The ruling clarifies a union's obligations to members with gender-critical beliefs and may influence how trade unions handle similar requests for support.
- It highlights the ongoing tension in UK workplaces between transgender rights and single-sex spaces, a debate that continues to generate legal disputes.
- The case underscores the importance of members explicitly requesting legal assistance if they expect union-provided representation in external tribunals.
Background
Sandie Peggie is a nurse at Victoria Hospital in Kirkcaldy, part of NHS Fife. In December 2023 a disagreement arose with Dr Beth Upton, a transgender woman, after Peggie objected to sharing changing facilities. Peggie was suspended in January 2024 and brought a tribunal against NHS Fife and Dr Upton. She partially won a harassment claim against the health board in December 2024, but her other claims against Dr Upton were dismissed. In a second tribunal against the RCN, Peggie argued the union discriminated against her by failing to provide legal advice and support for that case.
Key Perspectives
Sandie Peggie (via spokesperson): The tribunal's decision is worrying because it allows the union to treat concerns about sharing spaces with biological males as a mere disagreement rather than a protected belief, raising questions about the value of union membership when the burden falls on individual members to identify legal claims.
Royal College of Nursing: The judgment confirms the RCN did not discriminate; staff followed agreed processes applied to all members and acted fairly and impartially. The union is an anti-discrimination organisation that supports all its members.
What to Watch
- Peggie's next steps: her representatives are considering the judgment and may recommend an appeal or further legal action.
- Whether the RCN's approach to requests from members with gender-critical beliefs changes in light of the case.
- The potential for similar tribunal claims from other union members who hold gender-critical beliefs and feel unsupported by their unions.
Checked
12 claims in this story checked against 1 source: 12 supported.
Show each claim
- SupportedA nurse lost her discrimination case against the RCN over her gender-critical beliefs.BBC Scotland: “A nurse has failed in her claim of discrimination against a union about her beliefs on biological sex and gender.”
- SupportedThe tribunal rejected Sandie Peggie’s discrimination claim against the RCN in a dispute involving transgender colleague Dr Beth Upton.BBC Scotland: “Sandie Peggie alleged the Royal College of Nursing (RCN) had failed to adequately support her during a dispute with NHS Fife and Dr Beth Upton.”
- SupportedJudge Melanie Sangster found no conscious or subconscious discrimination by the RCN against Peggie.BBC Scotland: “Employment judge Melanie Sangster found the RCN had not shown "conscious or subconscious discrimination" towards Peggie during the case.”
- SupportedThe tribunal hearing evidence in Dundee last month centred on whether the RCN should have provided Peggie with legal advice after contacting her over her suspension.BBC Scotland: “The second tribunal, which finished hearing evidence in Dundee last month, centred around whether Peggie should have been provided with legal advice after the union contacted her over her suspension.”
- SupportedThe changing-room dispute came to a head in December 2023, and Peggie was suspended in January 2024.BBC Scotland: “a number of disagreements over the subject came to a head in December 2023. The nurse was suspended in January 2024”
- SupportedPeggie previously partially won a harassment claim against NHS Fife last December, while her other allegations were dismissed.BBC Scotland: “Peggie partially won a claim for harassment against NHS Fife last December, but her other allegations of discrimination and victimisation, including those against Dr Upton, were dismissed.”
- SupportedSangster said Peggie did not request legal assistance during a call with RCN representative Stuart Fraser, whose approach the tribunal said was consistent with how he handled other cases.BBC Scotland: “Judge Sangster said Peggie did not "request legal assistance", following her suspension, during a call with RCN representative Stuart Fraser. The tribunal ruled that Fraser's approach during the call was "in line with the approach he would take in other cases".”
- SupportedNorman Provan formally refused Peggie legal assistance in January 2025, saying she had already sought independent advice and submitted her claim before seeking RCN assistance.BBC Scotland: “She was formally refused legal assistance by Norman Provan, associate director of employment with RCN, in January 2025. In written reasons issued by Provan to Peggie, he said that she had already sought independent legal advice and her claim had been submitted prior to Peggie seeking RCN assistance.”
- SupportedThe tribunal accepted that the email would have been circulated more widely if other members had raised similar concerns, but none of the RCN’s 55,000 Scottish members had done so.BBC Scotland: “Judge Sangster agreed that the email would have been circulated wider if others had raised similar concerns, but none of the RCN's 55,000 Scottish members had done so.”
- SupportedA spokesperson for Peggie called the decision “worrying” and said it allowed the RCN to characterise the concerns as a “disagreement” rather than “an expression of her protected belief”.BBC Scotland: “A spokesperson for Peggie described Judge Sangster's decision as "worrying" for union members. They said the judgement entitled the union to "characterise" female staff's concerns over sharing spaces with colleagues born as biological males as a "disagreement" rather than "an expression of her protected belief".”
- SupportedThe spokesperson for Peggie said members may be left responsible for identifying the correct legal basis for potential claims, rather than trained union officers and legal teams.BBC Scotland: “It raises serious questions about the value of trade union membership if, when members report workplace concerns, the responsibility falls on them, rather than on experienced and trained union officers supported by internal and external legal teams, to identify the correct statutory basis for potential legal claims.”
- SupportedAn RCN spokesperson said the union welcomed the decision, had followed agreed processes, acted fairly and impartially, and was sorry the matters were aired before the tribunal.BBC Scotland: “The judgment is comprehensive and we welcome the decision that we did not discriminate against our member based on her protected beliefs. RCN staff followed agreed processes that apply to all members and we acted fairly and impartially.”