A nurse at the centre of a row over a transgender patient's pronouns has said the Royal College of Nursing (RCN) union failed to help her “when I needed them the most”.
Jennifer Melle won a settlement from her employer, Epsom and St Helier Hospitals NHS Trust, after she received a warning over using incorrect pronouns to address a transgender patient.
On Monday, Ms Melle gave evidence in the employment tribunal case involving gender critical nurse Sandie Peggie.
Background to the case
The Fife nurse has brought the legal case against the RCN over what she claims was direct discrimination over her gender-critical beliefs, saying it had failed to adequately support her during a dispute with her employer.
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 claims of harassment against her employer, but dismissing allegations of discrimination, indirect discrimination and victimisation.
Ms Melle's evidence
Ms Melle appeared as a witness at Ms Peggie's latest tribunal on Monday.
She said a patient had become “vile and abusive” towards her when she used a “biological pronoun”.
The nurse said she was later placed under investigation and contacted the RCN for support.
She said it took a “couple of days or weeks” for the union to respond to her.
When a union representative asked her to write a reflection on what had happened, she said it “felt like more punishment”.
Ms Melle said she was later referred to the nursing regulator, and she questioned “why they didn't help me when I needed them the most, at this point”.
Becoming emotional on the witness stand, Ms Melle said the regulatory investigation by the Nursing and Midwifery Council (NMC) was the most “critical” time of her career.
She said: “I was very shaken – having sleepless nights, having panic attacks.”
RCN response and further evidence
David Hay KC cross-examined Ms Melle on behalf of the RCN.
He said that RCN representatives had, in fact, been in touch with her to discuss the options around her case.
When she maintained her position that the RCN had not supported her, Mr Hay said there was “no way for the RCN to know that you had the deep-seated concerns that you're telling us”.
He said the RCN “weren't saying never” when she asked for legal assistance but simply wanted to see how her case progressed.
Ms Melle said the union was “neglecting the urgency” of the case.
Bethany Hutchison, president of the Darlington Nursing Union, also gave evidence on Monday.
Nurses represented by the Darlington union received an apology from their NHS trust after a row involving a trans colleague using single-sex changing rooms.
Ms Hutchison said she had been left feeling like a “naughty schoolgirl, like I was being told off for something” with a union official.
She went on to claim that the RCN had “abandoned their members, particularly their female members”.
Later on Monday, the tribunal heard evidence from RCN representative Stuart Fraser, who was initially approached by Ms Peggie after the confrontation with Dr Upton at Victoria Hospital.
Responding to questions from Ms Peggie's barrister Naomi Cunningham, he said that at the time it was his understanding that transgender individuals could use the facilities with which they identify.
Ms Cunningham put it to Mr Fraser that he had referred to Dr Upton as “she” in previous correspondence, suggesting this was a sign that “gender ideology has got its hooks so deeply into RCN”.
Mr Fraser said he did not believe this was the case and said he would not have thought about the use of the pronoun.
He denied that he had handled Ms Peggie's case on the basis that the nurse was the “aggressor” and Dr Upton was the “victim”.
Ms Peggie's tribunal, taking place before employment judge Melanie Sangster in Dundee, continues.
