WATCH: Trans women banned from female hospital wards under new NHS guidance
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Published:
1793809429
| Updated:
1793809473
Nurse Sandie Peggie will challenge an employment tribunal decision that cleared her trade union of discriminating against her on the basis of her gender-critical views.
Her legal representatives confirmed on Wednesday preparations for the appeal against the Royal College of Nursing (RCN) are already under way, with a formal notice expected to reach the Employment Appeal Tribunal within the next week.
The original ruling, delivered on Monday in a 37-page judgment by Employment Judge Melanie Sangster, found all three of Ms Peggie’s direct discrimination complaints against the nursing union were without merit.
The Fife-based nurse had alleged the RCN failed to provide adequate support during her high-profile dispute with employer NHS Fife over sharing workplace facilities with a transgender colleague.
The dispute traces back to December 2023, when Ms Peggie objected to sharing a changing room with Dr Beth Upton, a transgender medic who now lives in Australia and goes by “Lis”, at Kirkcaldy’s Victoria Hospital. The disagreements escalated and Ms Peggie was suspended from her post in January 2024.
She subsequently pursued legal action against both Dr Upton, who has since departed the NHS, and the health board itself. In December 2025, a separate tribunal handed Ms Peggie a partial win, upholding her harassment claim against NHS Fife while rejecting her broader allegations of discrimination, indirect discrimination and victimisation.
The case against the RCN, which concluded its evidential hearings in Dundee during September and October, centred on three specific allegations.
Ms Peggie contended the union had given her inadequate guidance when she raised the changing room matter with RCN representative Stuart Fraser; it had turned down her request for legal support in pursuing her claims against NHS Fife; and it had neglected to obtain proper assurances from the health board regarding its single-sex space policies.
Judge Sangster found no evidence of “conscious or subconscious discrimination” by the union. The tribunal determined Mr Fraser’s conduct during his call with Ms Peggie was consistent with how he would have handled any other member’s case.
“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,” Judge Sangster wrote.
A spokesman for Ms Peggie 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.
“Given that the appeal process will shortly be under way, no further comment will be made at this stage.”
The RCN welcomed Monday’s outcome: “The judgment is comprehensive and we welcome the decision that we did not discriminate against our member based on her protected beliefs,” a union spokesman said.
“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.”
Ms Peggie’s earlier tribunal against NHS Fife and Dr Upton was funded by the campaign organisation Sex Matters.
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