STV NewsSandie Peggie has lost her employment tribunal case against the Royal College of Nursing (RCN) after a judge dismissed claims that the union discriminated against her because of her beliefs.
The Fife nurse brought the legal case over what she claims was direct discrimination over her gender-critical beliefs, saying the union had failed to adequately support her during a dispute with the NHS.
However, a 37-page ruling issued on Monday determined that the RCN did not subject Ms Peggie to direct discrimination.
Ms Peggie previously brought a case against NHS Fife after sharing a changing room with transgender medic Dr Beth Upton at Kirkcaldy’s Victoria Hospital in December 2023.
The first employment tribunal awarded Ms Peggie a partial victory against the health board in December last year, upholding her claims of harassment but dismissing allegations of discrimination, indirect discrimination and victimisation.
‘Insufficient evidence’
The Royal College of Nursing accepted that Ms Peggie held a protected philosophical belief under the Equality Act 2010.
However, the tribunal found insufficient evidence that this belief had influenced the union’s actions.
The latest case focused on three complaints about the support she received from the union after the dispute involving transgender doctor Dr Beth Upton at Victoria Hospital in Kirkcaldy in December 2023.
Ms Peggie argued that the RCN should have given her legal advice after she was suspended from work in January 2024, and helped her obtain legal representation for a further claim against NHS Fife.
She also sought stronger assurances from the health board about single-sex facilities and the treatment of staff with gender-critical beliefs.
The tribunal heard that RCN representative Stuart Fraser had followed the usual approach of explaining the suspension process and waiting for further information before considering more detailed advice or legal support.
The judgment stated: “The tribunal concluded that Stuart Fraser’s actions were not, consciously or subconsciously, influenced by the claimant’s protected belief.
“Stuart Fraser did not know that the claimant had a protected gender critical/sex realist belief, and did not understand or believe that the respondent had adopted a position in line with gender ideology.”
A second part of the case focused on the RCN’s refusal to fund legal support for a further employment tribunal claim against NHS Fife.
The union said Ms Peggie had already obtained independent legal representation and that the new complaint was closely connected to her existing proceedings.
The tribunal accepted the explanation given by RCN representative Norman Provan, who had made the decision.
It found that Ms Peggie had already obtained independent legal advice for her first claim and that the further complaint was closely connected to those existing proceedings.
The judge also noted that Mr Provan’s approach was “consistent with the union’s established practice”.
The third complaint related to an email sent by RCN representative Gillian Tait to NHS Fife.
Ms Peggie argued that the union had failed to seek all the assurances she had requested about single-sex facilities, protections for staff with gender-critical beliefs and the right of members to discuss and organise around those issues.
The tribunal found that Ms Tait had been acting in her role to support Ms Peggie as an individual member, rather than address wider workplace policy issues.
Employment Judge Sangster concluded that Ms Peggie’s gender-critical beliefs had not consciously or subconsciously influenced the union’s actions.
All three complaints of direct discrimination were thrown out by Judge Melanie Sangster.
The tribunal concluded: “For these reasons, the claimant’s complaints of direct discrimination do not succeed and are dismissed.”
Ms Peggie’s legal team and the Royal College of Nurses have been contacted for comment.
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