Sandie Peggie has lost her case against the Royal College of Nursing (RCN) in which she alleged that the union discriminated against her because of her gender critical views.
The judgement published Monday 2 November dismissed her complaints of discrimination.
Peggie alleged that the RCN had failed to provide appropriate advice and refused her requests for legal assistance during her dispute with the NHS Fife and Dr Beth Upton.
While the nurse was suspended in late 2023, she spoke to RCN representative Stuart Fraser and has said she “didn’t feel comfortable that Stuart had taken it as a serious complaint.”
But the RCN disputed the claim, with a spokesman saying they “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.”
Employment Judge Melanie Sangster found that the RCN had not demonstrated “conscious or subconscious discrimination” towards Peggie, and that they would have treated any other members the same regardless of their perspective on gender.
The judgement laid out that Peggie had not requested legal assistance until litigation with NHS Fife was already underway, with the Employment Tribunal claim having been part heard.
Her request was rejected in line with RCN policy that “if you choose to take independent legal or other advice on your case, the RCN may decide not to [legally] represent you.” The RCN would continue representing her for internal disciplinary matters.
The previous employment tribunal in December 2025 ruled that Peggie had harassed Dr Upton, breaching both Section 26 of the Equality Act and of the NHS Scotland’s Bullying and Harassment Policy. She was awarded a partial claim of harassment against her employer NHS Fife, regarding their management of her complaint.
However, the other 43 of her 47 allegations of discrimination, indirect discrimination and victimisation were dismissed, including all of her claims against Dr Upton.
Photo by Tugce Gungormezler on Unsplash.
