An employment tribunal in the UK has thrown out a claim brought by nurse Sandie Peggie, who alleged that the Royal College of Nursing (RCN) had discriminated against her based on her gender-critical beliefs. 

Sandie Peggie claimed that the RCN had failed to provide adequate support during her row against her employer, NHS Fife, and her former colleague Dr Beth Upton, a trans woman. The case started after Peggie complained about having to share the same changing rooms with Dr Upton.

Peggie brought a first case against NHS Fife and Dr Upton, where she contended that she was subject to unlawful harassment, discrimination, indirect discrimination and victimisation under the Equality Act. The nurse had been placed on special leave following a row at Victoria Hospital in Kirkcaldy on Christmas Eve 2023, after which Dr Upton made an allegation of bullying and harassment against her.

In December 2025, judge Sandy Kemp rejected Peggie’s claims of discrimination, indirect discrimination and victimisation against her employer and Dr Upton, although the tribunal upheld her claim of harassment against NHS Fife. 

A second tribunal heard the case Peggie consequently brought against the RCN, maintaining that, following her suspension from work in January 2024, the union should have provided legal advice and supported her in seeking legal representation. 

In January 2025, Peggie was formally refused legal assistance by Associate Director of Employment with RCN, Norman Provan. In written reasons issued to Peggie at the time, Provan explained that the nurse had already sought independent legal advice and her claim had been submitted prior to Peggie seeking RCN assistance. During her case, the nurse received funding for legal representation from gender-critical and anti-trans group Sex Matters.

In a 37-page ruling delivered on Monday, November 2, employment judge Melanie Sangster found that there had been no “conscious or subconscious discrimination” towards Peggie during the case. The judge found insufficient evidence that the union’s actions were motivated by Peggie’s gender-critical beliefs. 

The decision further stated that Peggie did not “request legal assistance” during her call with RCN representative Stuart Fraser. The tribunal held that Fraser’s approach was “in line with the approach he would take in other cases”.