Nurse embroiled in trans doctor tribunal takes legal action against her own union

Daily Mail​

23-05-2025

The nurse embroiled in an employment tribunal over a trans doctor using a female changing room is suing the Royal College of Nursing.
In a legal first, Sandie Peggie has instructed her lawyers to raise proceedings against the nursing union for failing to help in her battle against Fife Health Board.
Mrs Peggie, 50, was suspended by NHS Fife after she challenged the presence of Dr Beth Upton, who was born a biological man, in the women-only changing rooms at the Victoria Hospital, Kirkcaldy.
But when she turned to the RCN for help after 30 years of membership, she claims she was refused support and legal assistance.
Last night, Mrs Peggie's solicitor confirmed her client had launched the landmark legal action.
The move is set to open the door to a flood of further law suits lodged against unions over their failure to support single-sex spaces and gender critical beliefs - including from groups such as the Darlington nurses.
It comes just days after the Mrs Peggie's solicitor wrote to the union to request it intervene in the case.
The latest proceedings will build on her ongoing employment claim against NHS Fife and Dr Upton alleging sexual harassment, harassment related to a protected belief, indirect discrimination and victimisation.
Campaigners have said the action should serve as a 'wakeup call' to other workers' groups.
Helen Joyce, director of advocacy at human rights charity Sex Matters said: 'Unions right across the economy have shamelessly abandoned members who've been penalised for asserting their right to single-sex spaces at work.
'They've stood by while women have been fired for simply stating that the two sexes are real and important, and taken the side of employers who are acting unlawfully.
'Sandie Peggie's decision to sue RCN should be a wakeup call for every union representing employees who need single sex facilities for their basic privacy and dignity.'
Mrs Peggie's employment tribunal, which began before the Supreme Court clarification over the meaning of 'sex' in equalities law and will resume in July, heard how Ms Peggie felt 'uncomfortable' at the prospect of getting changed in front of Dr Upton, which culminated in an incident in the changing room on Christmas Eve 2023.
After Mrs Peggie challenged Dr Upton, the doctor complained and Ms Peggie was suspended from her job at NHS Fife.
The nurse then lodged a claim against Fife Health Board and Dr Upton, citing the Equality Act 2010, including sexual harassment, harassment related to a protected belief, indirect discrimination and victimisation.
It has prompted a similar case to go ahead south of the border by a group of eight nurses - known as the Darlington nurses - who are challenging their health trust's policy over allowing a trans colleague to use the female changing rooms at Darlington Memorial Hospital.
In light of the English litigation, the RCN south of the border wrote to the County Durham and Darlington NHS Foundation Trust asking it to abide by the Workplace (Health, Safety and Welfare) Regulations 1992 and 'provide single-sex changing rooms without delay', a move that Mrs Peggie is said to have been 'surprised but nevertheless delighted' with.
On May 21, Mrs Peggie's solicitor Margaret Gribbon wrote a follow up letter to associate director (employment relations) Norman Provan at RCN Scotland to identify what similar action it could take for Mrs Peggie.
She said her client expected the union to 'exercise its industrial muscle to challenge the decision which was adversely impacting her and other female union members' and alleged she first spoke to the union about the issue of single-sex spaces in February last year.
Ms Gribbon added: 'To Sandie's knowledge and disappointment, the union has made no attempt to resolve this matter industrially with the board.'
Just days later, the solicitor has now confirmed legal proceedings have been launched against the union.
She said: 'I can confirm that my client has raised proceedings in the employment tribunal against the RCN following their refusal to grant her legal assistance.'
Since the Supreme Court clarified that biological sex, not gender choices, is the decisive factor in equality law, a number of industrial organisations have failed to change their sex and gender policies.
Unison is allowing a trans member who identifies as female to stand for election for its national council positions reserved for women, while the National Education Union has called on employers to allow people to 'use gendered facilities which match gender identities'.
And GMB Union and the Scottish Trades Union Congress have also raised concerns over the impact of the Supreme Court judgement on transgender workers.
Susan Smith, of For Women Scotland which brought the successful Supreme Court action, said: 'We imagine this is likely to be first of many such cases. Sadly, it seems that only financial penalties will persuade the unions to step up, do their job, and represent women in the workplace.'
An RCN spokesperson, said: 'We treat our members' right to confidentiality with the utmost importance and do not comment on individual cases.'