A nurse at the centre of a row over a transgender patient's pronouns has told Sandie Peggie's employment tribunal that the Royal College of Nursing (RCN) union didn't help her "when she needed them most".
Jennifer Melle appeared as a witness at the Fife nurse's latest employment tribunal on Monday. Peggie has brought a legal case against the RCN over what she claims was direct discrimination over her gender-critical beliefs.
Warning over pronouns
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.
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 and when they did, a union representative asked her to write a reflection on what had happened, she said it "felt like more punishment".
Regulatory investigation
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, 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
David Hay KC cross-examined 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. Melle said the union was "neglecting the urgency" of the case.
Peggie's claims and further evidence
Peggie also claims in her legal case against the RCN that it had failed to adequately support her during a dispute with her employer.
The gender critical nurse 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 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.
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.
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".
Peggie's tribunal, taking place before employment judge Melanie Sangster in Dundee, continues.
