The Royal College of Nursing (RCN) has told an employment tribunal that Sandie Peggie’s sex and gender beliefs had “no bearing” on its decision to refuse her legal support.
Norman Provan, associate director of employment relations at the RCN, gave evidence on the third day of Ms Peggie’s tribunal against the union on Friday. He said Peggie’s request for legal support was turned down simply because it “didn’t qualify with our rules for providing legal services”.
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. She 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.
Peggie, who claims the RCN failed to adequately support her in the dispute with the health board, was the first to give evidence at the new tribunal on Wednesday. The nurse claims the union refused her request for legal support in January 2025 during NHS Fife’s handling of her disciplinary investigation.
Union rules on legal support
Mr Provan, the union's first witness to take the stand this week, said the RCN can provide legal support to members who are engaged in disputes with their employers, but that there are rules that must be considered in each case. He said the RCN will not provide legal support to people who have taken external legal advice of their own choice.
Provan said Peggie had already taken advice with her solicitors and counsel, which had described a way forward, and therefore she did not qualify for RCN legal support.
“I decided that we could not provide legal assistance in this case,” Mr Provan said. “I was absolutely content with the decision I had made.”
Beliefs 'protected' but not a factor
“(Ms Peggie’s beliefs) had no bearing on my decision. I applied rules of the organisation. I understand Ms Peggie’s beliefs are protected,” he said. He said outwith his application of the RCN’s organisation rules, there was “no reason” why the union would not have supported her request.
Peggie was awarded a partial victory against the health board in the first employment tribunal in December last year. Claims of harassment against her employer were upheld, while allegations of discrimination, indirect discrimination and victimisation were dismissed.
The high-profile case became a flashpoint in a row over gender rights, with a number of gender-critical groups, along with author JK Rowling, voicing support for the nurse. The tribunal, taking place before employment judge Melanie Sangster in Dundee, continues.
