Sandie Peggie demands union intervene in NHS Fife row
That is despite the RCN warning NHS trusts in England they were breaking the law in similar cases.
Ms Peggie is not asking the union, which she has been a member of for 30 years, to intervene in her legal dispute with NHS Fife, rather asking it to exercise its 'industrial muscle' to challenge the health board over its policy, which she warns is 'adversely impacting' female staff.
Ms Peggie was suspended from her work at the Victoria Hospital in Kirkcaldy in January 2024 after she complained about having to share a changing room with a transgender doctor.
The nurse has been off work for work-related stress since February 2024 following the row, her lawyer said.
Maragret Gibbon, an employment solicitor acting on behalf of Ms Peggie, wrote to Norman Provan, associate director of RCN Scotland, stating: 'The Board has recently been advised that before Sandie can even consider returning to work, she needs assurances that no male colleagues, irrespective of their gender identity, will be permitted to use female only workplace changing rooms. A response from the Board is awaited.'
The lawyer said it was Ms Peggie's expectation that the union would exercise its 'industrial muscle' to challenge NHS Fife over the decision on single-sex spaces which was 'adversely impacting' her and other female union members.
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'To Sandie's knowledge and disappointment, the Union has made no attempt to resolve this matter industrially with the Board,' the letter said.
These concerns were first raised with RCN Scotland in February 2024, with the union then receiving further correspondence in April the same year asking the union if it will raise the matter of providing unisex changing rooms with NHS Fife.
It was revealed in March the RCN had written to the director of workforce at County Durham and Darlington NHS Foundation Trust, warning they were in breach of health and safety laws by failing to provide single-sex facilities to female staff.
The union's intervention comes as the trust is involved in a legal dispute with eight of its nurses over its decision to allow Rose Henderson, a trans woman, to use female changing rooms.
The health board in England was told to comply with statutory provisions in the Workplace (Health, Safety and Welfare) Regulations 1992 which require separate facilities for men and women.
The intervention came before the Supreme Court judgment that ruled the terms "man" and "woman" in the Equality Act 2010 refers to biological sex, not acquired gender.
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Ms Peggie has now instructed her lawyer to ask RCN Scotland whether it has written to NHS Fife over the expectation to "provide single-sex spaces without delay", and if it has not done so, to clarify whether it intends to.
The letter adds: 'For the avoidance of doubt, Sandie is not asking the Union to intervene in her ongoing litigation in the Employment Tribunal (which, as you know, the Union is not supporting) but in a workplace industrial matter (that being a request she first made of the Union in early 2024 well before her current legal claim was raised)."
RCN Scotland has been asked for comment, but on Monday told The Herald it was not in a position to comment due to the ongoing nature of the case.
Helen Joyce, director of advocacy at campaign group Sex Matters, described it as "nothing short of betrayal".
Ms Peggie has lodged legal action against NHS Fife and trans doctor Dr Beth Upton.
The case was initially due to conclude in February after 10 days of hearings, but it was adjourned until July 16 and is expected to last a further 11 days.
There has been speculation the case could be dropped following the landmark Supreme Court ruling, but NHS Fife told The Herald on Tuesday that it will continue.
A spokesperson said: "The claimant has said, in her statement, that she is determined to continue with her legal claim.
"The claimant is of course entitled to pursue her legal action. As a result, NHS Fife, as a respondent, shall be required to continue to defend the case through the appropriate legal process.
"The case involves a range of complex matters, including an internal investigation that was initiated following concerns raised by a member of staff.
"NHS Fife believes it had a responsibility to fully investigate such matters."
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