The Royal College of Nursing (RCN) union's decision to refuse Sandie Peggie's request for legal support was not influenced by her sex and gender beliefs, an employment tribunal has heard.
Norman Provan, the RCN's associate director of employment relations, gave evidence on the third day of Ms Peggie's tribunal against the union on Friday. He said the request was refused because it "didn't qualify with our rules for providing legal services".
Background of 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. 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. The 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.
Evidence in the tribunal
Ms 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. She claims the union refused her request for legal support in January 2025 during NHS Fife's handling of her disciplinary investigation. She is seeking a finding that the union discriminated against her because of her gender-critical and sex realist beliefs. The RCN denies the claims.
Mr Provan, the union's first witness to take the stand this week, explained that the RCN can provide legal support to members engaged in disputes with their employers, but that there are rules that must be considered in each case. If people have taken external legal advice of their own choice, he said the RCN will not provide legal support to them.
Decision on legal support
In Ms Peggie's case, Mr Provan said she 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."
He added: "(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 outwith his application of the RCN's organisation rules, there was "no reason" why the union would not have supported her request.
The tribunal, taking place before employment judge Melanie Sangster in Dundee, continues.
