The Royal College of Nursing (RCN) failed to properly support nurse Sandie Peggie because her views were in “direct opposition” to its gender ideology, a lawyer has told an employment tribunal.
Naomi Cunningham, who is representing Ms Peggie, told the tribunal the RCN was “in the grip” of an ideology which she said holds that a trans woman is a woman. She said that, as a result, it was “impossible” for its officers to support Ms Peggie properly in a workplace dispute that “sprang directly” from her gender-critical beliefs.
Closing submissions
Ms Cunningham was delivering her closing submissions on Thursday in Ms Peggie’s employment tribunal against the organisation. The Fife nurse has brought the legal case against the RCN over what she claims was direct discrimination over her sex-realist beliefs, saying the union had failed to adequately support her during a dispute with her employer. The RCN denies the claims.
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.
Evidence of ‘gender ideology’
In her closing submissions, Ms Cunningham said a “wealth” of documentary and oral evidence heard during the tribunal showed the RCN was “steeped” in gender ideology. This included a number of RCN documents, the union’s response to the 2025 Supreme Court ruling in the For Women Scotland case, and its responses in other incidents involving trans patients or colleagues.
She said this prevented it from giving Ms Peggie proper support when she approached it during her long-running dispute with NHS Fife. The lawyer said the fact RCN officers were “blinded by ideology” meant they failed to recognise Ms Peggie’s original complaint as “potentially involving discrimination” against her by her employer and Dr Upton.
Legal representation refused
She said not only did they fail to give her appropriate guidance and immediately refer the matter for further legal advice, but they treated Ms Peggie herself as “in trouble” for having potentially discriminated against Dr Upton. Ms Cunningham said the RCN then exercised “discretion” in refusing to give Ms Peggie legal representation – despite, she said, her case being of “clear benefit” to the union’s majority-female membership.
This decision stemmed, the lawyer said, from the fact the union could not be seen to publicly back a member who had experienced difficulties arising from her gender-critical beliefs. Previously, RCN representatives had told the tribunal the request was rejected on the grounds Ms Peggie had already obtained legal advice, in line with union policy.
Advocacy claim
Ms Peggie’s third claim against the RCN is that it failed to properly advocate for her when she sought guarantees from Fife Health Board that changing facilities should be single sex. Ms Cunningham said one of its officials “reworded” Ms Peggie’s letter and then failed to write to NHS Fife publicly – per Ms Peggie’s request – as that would have involved “backing the rights of the union’s sex-realist membership, and she wasn’t prepared to do that”.
Ms Cunningham told the tribunal: “All the respondent’s relevant conduct was conditioned and caused by its adherence to gender ideology, which is in its nature antithetical to the claimant’s protected belief.” She added: “The gender ideology in which the union had been steeped for years made it impossible for its officers to act vigorously, and especially to act publicly, in the best interests of a member whose protected belief was in direct opposition to that ideology.”
David Hay KC, representing the RCN, is expected to give his closing submissions on Thursday afternoon. The tribunal, taking place before employment judge Melanie Sangster in Dundee, continues.
