Sandie Peggie's legal team says judgment confirming legal fight loss makes "worrying reading"

A 37-page ruling determined the Royal College of Nursing did not subject Ms Peggie to any direct discrimination over her gender critical beliefs.

Ms Peggie had brought three complaints against the RCN, including failing to advise her about potential discrimination claims, refusing to fund legal representation for a second tribunal claim, and failing to seek sufficient assurances about single-sex facilities in the workplace. Judge Sangster rejected all three complaints.

The ruling concluded: “The claimant’s complaints of direct discrimination do not succeed and are dismissed.”

A spokesperson for Ms Peggie said: “This judgement makes worrying reading for all trade union members.

“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.

“The judgment also suggests that, where a woman seeks advice from her trade union because she objects to undressing in front of a male colleague at work, the union is entitled to characterise her concerns merely as a disagreement about access to a changing room, rather than recognising them as an expression of her protected belief that a man who identifies as a woman remains a man.”

The tribunal did accept that Ms Peggie’s belief that biological sex is immutable is protected under the Equality Act 2010, but found the union was not motivated by those beliefs.

It also found that her RCN representative Stuart Fraser had acted consistently with normal procedures, and accepted the union’s refusal to support a second tribunal as Ms Peggie had already instructed independent lawyers.

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The ruling found that Mr Fraser “did not perceive [Ms Peggie’s] views as anything more than a disagreement about the use of changing facilities”. It added: “The claimant did not tell RCN Direct, or Stuart Fraser, that she had a philosophical belief that biological sex is real, important, immutable and not to be conflated with gender identity.

“She did not refer to holding gender critical or sex realist beliefs (as she was unaware of these terms at the time).

“For this reason alone, the tribunal concluded that the claimant’s complaint in relation to the first asserted act of direct discrimination does not succeed.”

The tribunal also said Norman Provan was “credible and reliable” when he ruled that the union would not provide legal support to Ms Peggie in her second claim against NHS Fife as it did not fall within its rules.

Finally, the tribunal rejected allegations over RCN’s response to requests for assurances about single-sex changing facilities and protection for staff holding gender critical beliefs. It found that union official Gillian Tait had contacted the health board for relevant assurances, but did not circulate the correspondence to the wider union membership as requested by Ms Peggie.

This is the second employment tribunal Ms Peggie has brought over a dispute with transgender Dr Beth Upton. Ms Peggie had objected to sharing a changing room with Dr Upton at Victoria Hospital in Kirkcaldy, and was suspended following an altercation in the changing room in December 2023.

Ms Peggie went on to take legal action against both NHS Fife and Dr Upton. She partially won a claim for harassment against NHS Fife in December last year, but all other allegations, including all allegations against Dr Upton, were dismissed.

During the closing submissions of the case, Ms Peggie’s lawyer Naomi Cunningham said the union was “steeped” in gender ideology. She said: “All the respondent’s relevant conduct was conditioned and caused by its adherence to gender ideology, which is in its nature antithetical to the claimant’s protected belief.”

Mandy Lindsay MSP, Reform UK’s women and girls spokeswoman, said: “Sandie Peggie is a dedicated nurse of over 30 years who has shown considerable courage in standing up for her rights and for the basic principle that women are entitled to single-sex spaces.”