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Scottish tribunal finds nursing union did not discriminate against nurse over gender-critical beliefs
A Scottish employment tribunal ruled that the Royal College of Nursing did not discriminate against nurse Sandie Peggie because of her gender critical beliefs. Peggie had complained about sharing a women’s changing room with trans doctor Beth Upton and said the union failed to identify possible legal claims after she was suspended. The decision ends this part of her dispute and raises questions about how unions handle members’ workplace concerns.
The case followed an incident on Christmas Eve 2023 and a seven-day tribunal hearing. Judge Melanie Sangster dismissed Peggie’s direct discrimination complaints, finding the union officer who first handled her case understood her concern as disagreement about changing-room access, not as the expression of a protected philosophical belief. Peggie’s representative said her legal team would consider the ruling before advising on any further steps.
In short
- Tribunal dismisses Peggie’s discrimination claim against the RCN.
- Judge found the union officer did not recognise a protected belief.
- Peggie’s legal team will consider possible next steps.
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The case for
The ruling can be seen as recognising that a union’s duty to assist a member does not require it to identify every possible legal claim, especially where the initial concern was understood as a dispute about changing-room access rather than the expression of a protected belief. On this view, the tribunal applied the evidence to the union’s conduct and should not treat an unsuccessful response as discrimination without evidence that the belief itself drove the treatment.
The case against
A reasonable concern is that union members who hold gender-critical beliefs may not receive meaningful support if their workplace complaints are treated only as practical disagreements and the beliefs behind them are not recognised. From this perspective, unions should take care to establish whether a concern involves a protected belief and explain clearly what legal options may be available, so members are not left without advice because their case was initially framed too narrowly.
Explained simply
The Royal College of Nursing is a trade union and professional body that represents nurses and advises members on workplace issues. Employment tribunals hear disputes about rights at work, including claims of discrimination under equality law.
Sandie Peggie is a nurse whose dispute arose after she objected to sharing a women’s changing room with a transgender doctor, Beth Upton. Peggie also complained about how the union responded after she was suspended by her employer.
The case concerns both workplace treatment and the support union members can expect when they raise concerns. It also touches on how equality law applies when beliefs and access to sex-specific spaces are at issue.
Read the full article at the source →
Originally published by Daily Mail as “Sandie Peggie loses discrimination claim against nursing union over trans medic row”.