Sandie Peggie loses discrimination case against nursing union

She was formally refused legal assistance by Norman Provan, associate director of employment with RCN, in January 2025.

In written reasons issued by Provan to Peggie, he said that she had already sought independent legal advice and her claim had been submitted prior to Peggie seeking RCN assistance.

Peggie was told Fraser and the RCN would continue to represent her in internal disciplinary matters.

The nurse also raised a claim over the fact a union official had not “copied” a letter from Peggie requesting assurances over protections for staff with sex realist beliefs in an email to all RCN members.

The tribunal found an RCN official, Gillian Tait, had sought those assurances from NHS Fife, but had only responded to Peggie as she understood her role was to support her individually in her return to work.

Judge Sangster agreed that the email would have been circulated wider if others had raised similar concerns, but none of the RCN’s 55,000 Scottish members had done so.

Peggie, who has not returned to work since her initial suspension due to stress, was cleared of misconduct by NHS Fife in July 2025.

A spokesperson for Peggie described Judge Sangster’s decision as “worrying” for union members.

They said the judgement entitled the union to “characterise” female staff’s concerns over sharing spaces with colleagues born as biological males as a “disagreement” rather than “an expression of her protected belief”.

They added: “It raises serious questions about the value of trade union membership if, when members report workplace concerns, the responsibility falls on them, rather than on experienced and trained union officers supported by internal and external legal teams, to identify the correct statutory basis for potential legal claims.”

An RCN spokesperson 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.”

They added: “The RCN is an anti-discrimination organisation, supporting all of its members.”