Nurse Sandie Peggie has instructed her legal team to appeal against an employment tribunal decision that found she was not discriminated against by the Royal College of Nursing (RCN) over her beliefs regarding biological sex and gender identity. According to BBC News, Peggie alleged the union had failed to provide adequate support during a dispute with NHS Fife and Dr Beth Upton, a transgender colleague. The RCN contested the claim, maintaining it had acted "reasonably" throughout the process—a position endorsed by the employment tribunal ruling issued earlier this month.
On 4 November, Peggie's legal representatives confirmed they will pursue an appeal, with the Express and Star reporting that a notice of appeal is expected to be filed within the week. A spokesperson for Peggie stated:
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.
What was the original dispute?
The case stems from a disagreement between Peggie and Dr Upton, a transgender woman—that is, a biological male who identifies as a woman—at Victoria Hospital in Kirkcaldy. Peggie objected to sharing a changing room with Dr Upton, and tensions escalated in December 2023. The nurse was suspended in January 2024 and subsequently brought two separate employment tribunal claims: one against Dr Upton and NHS Fife, and a second against the RCN over its handling of her case.
Peggie holds what are described as "gender critical" or "sex realist" beliefs, maintaining that people are born male or female and cannot change sex. The Herald Scotland reported that the tribunal accepted Peggie's belief that biological sex is immutable is protected under the Equality Act 2010, but found it did not motivate the union's decisions.
What did the tribunal find in the RCN case?
Employment judge Melanie Sangster ruled that the RCN had not demonstrated "conscious or subconscious discrimination" towards Peggie. The Leigh Journal noted that the judgment was 37 pages long and dismissed all three of Peggie's direct-discrimination complaints. The tribunal centred on whether Peggie should have been provided with legal advice after the union contacted her regarding her suspension.
Judge Sangster found that Peggie did not "request legal assistance" during a call with RCN representative Stuart Fraser following her suspension. The tribunal determined that Fraser's approach during the call was "in line with the approach he would take in other cases." RCN official Norman Provan told the tribunal that the union declined to fund legal assistance because Peggie had already instructed her own solicitor, and that her beliefs had "no bearing" on his decision.
Following the ruling, the RCN issued a statement:
The judgment is comprehensive and we welcome the decision that we 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. We are sorry these matters were aired before the tribunal. The RCN is an anti-discrimination organisation, supporting all of its members.
What happened in the NHS Fife case?
In a separate tribunal concluded last December, Peggie achieved a partial victory against NHS Fife. She successfully claimed harassment against the health board, but her other allegations of discrimination and victimisation, including those against Dr Upton—who has since left the NHS—were dismissed. Peggie subsequently received funding for legal representation in that case from campaign group Sex Matters.
What happens next?
Peggie's notice of appeal against the RCN tribunal ruling is expected to be submitted to the Employment Appeal Tribunal within the week following 4 November. Her separate appeal concerning the NHS Fife case is due to be heard by the Employment Appeal Tribunal in the new year, according to Personnel Today. The appeals process will determine whether the original tribunal decisions are upheld or overturned.
