Sandie Peggie is appealing against an employment tribunal ruling that dismissed her claims that the Royal College of Nursing (RCN) discriminated against her because of her gender-critical beliefs. The Fife nurse had alleged direct discrimination over her protected philosophical beliefs, saying the union failed to support her adequately during a workplace dispute involving transgender medic Dr Beth Upton.
A judgment issued on Monday found that the RCN had not subjected Ms Peggie to direct discrimination. Her legal team confirmed on Wednesday that, following legal advice, she has instructed them to appeal against the tribunal's judgment.
Background to the case
Peggie previously brought a case against NHS Fife after sharing a changing room with Dr Upton at Kirkcaldy's Victoria Hospital in December 2023. In that first employment tribunal last December, she was awarded a partial victory, with claims of harassment upheld but allegations of discrimination, indirect discrimination and victimisation dismissed.
Her case against the RCN was heard at an employment tribunal in Dundee in September and October. Peggie had accused the union of failing to advise her properly when she first raised the issue of sharing a changing room with Dr Upton, of refusing her request for legal assistance regarding her claims against NHS Fife, and of failing to seek full assurances from NHS Fife about its policies on single-sex spaces.
Legal team statement
In a statement, Peggie's legal team said: "Sandie remains deeply grateful to all those who gave evidence on her behalf, as well as to the many individuals and organisations who have supported her throughout these proceedings." The team added: "Given that the appeal process will shortly be under way, no further comment will be made at this stage."
The team said work on the appeal is progressing and that the notice of appeal is expected to be submitted to the Employment Appeal Tribunal within the coming week.
Tribunal judgment
In the 37-page judgment issued on Monday, employment judge Sangster dismissed all three of Peggie's claims against the union, stating that its actions towards her had not been influenced by her protected belief. The judgment said: "The Tribunal concluded that the complaints of direct discrimination, to the extent that they were framed as being because of an asserted belief of the respondent, could not succeed." It added: "The judgment of the Tribunal is that the claimant's complaints of direct discrimination do not succeed and are dismissed."
An RCN spokesperson previously said: "The judgment is comprehensive and we welcome the decision that we did not discriminate against our member based on her protected beliefs. RCN staff followed agreed processes that apply to all members and we acted fairly and impartially. We are sorry these matters were aired before the Tribunal. The RCN is an anti-discrimination organisation, supporting all of its members."
