Sandie Peggie employment tribunal - all you need to know
Nurse Sandie Peggie is at the heart of a second employment tribunal - this time against her trade union
Nurse Sandie Peggie became the centre of a media and political storm when she began her ground-breaking employment tribunal proceedings.
They centred on an incident in a women’s changing room in the Victoria Hospital on Christmas Eve, 2023.
Ms Peggie was uncomfortable with the presence of Dr Beth Upton, a biological male who identifies as a trans woman.
READ MORE: NHS Fife nurse accused of 'judgement and hostility' that 'do not deserve' Equality Act defence
Accounts of the dispute differ, but Ms Peggie was placed on administrative leave before being suspended and put through a disciplinary process before all allegations against her were dropped by NHS Fife.
The employment tribunal heard from NHS Fife’s lawyer that Ms Peggie’s “judgement and hostility” towards a trans doctor do not deserve the protections of the Equality Act.
Ms Peggie argued she was being discriminated against for her gender-critical beliefs.
What is the latest dispute about?
Wednesday’s proceedings involve a second employment tribunal claim brought by nurse Sandie Peggie.
A previous tribunal was asked to rule on a dispute between Ms Peggie and both NHS Fife and her former colleague, Dr Beth Upton.
The nurse, with more than 30 years experience, had objected to sharing a changing room with Dr Upton, who is transgender.
In December last year, the tribunal panel ruled that NHS Fife had harassed Peggie via four procedural failings, but her main claims of discrimination and victimisation were dismissed.
After 20 days of evidence in February and July last year, the tribunal delivered a 312-page judgment in December.
All claims against Dr Upton, who has since moved to Australia, were also dismissed.
Ms Peggie is appealing that decision and the case is expected to be heard next year.
From this week, in hearings expected to last for seven days, the nurse is to claim her union discriminated against her due to her gender critical beliefs.
Held in Dundee in front of employment judge Melanie Sangster, Ms Peggie will claim at the hearing the Royal College of Nursing (RCN) refused her legal support after she was suspended by NHS Fife.
The union denies all allegations.
What is the substance of the allegations?
The 52-year-old nurse maintains that while she was suspended from work the RCN failed in its advice to her.
Ms Peggie says the trade union did not tell her she had grounds to bring a legal claim against the health board.
She also claims the RNC did not provide formal legal assistance to her when she complained about NHS Fife’s handling of her disciplinary case.
Ms Peggie says that when she told her union representative, Stuart Fraser, about the fact Dr Upton had complained about her behaviour he was “non-committal” and told her to treat her suspension like an “extended holiday”.
Ms Peggie will be represented by Naomi Cunningham, who acted for her in the NHS Fife dispute, and will argue that the union did not referred her to its legal services.
While the union’s guidance states all members are entitled to “support, guidance or representation” without discrimination, the nurse says a union official told her the union would not support her legal claim.
The RCN is represented by David Hay KC, instructed by Anderson Strathern.
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