Nursing union denies taking sides in Sandie Peggie discrimination case

The Royal College of Nursing has no formal position on the debate between gender identity and biological sex, one of its senior leaders has told an employment tribunal.

Patricia Marquis, the RCN’s executive director for England, gave evidence in Dundee during nurse Sandie Peggie’s discrimination case against the union.

Peggie alleges that the RCN failed to support her adequately during a workplace dispute because she holds gender-critical beliefs. She is seeking a finding that the union directly discriminated against her. The RCN denies the allegations.

The dispute followed an incident at Victoria Hospital in Kirkcaldy in December 2023 involving Peggie and transgender doctor Beth Upton in a female changing room. Peggie subsequently brought legal proceedings against NHS Fife and Upton.

In December 2025, a tribunal upheld part of Peggie’s harassment claim against NHS Fife but dismissed her claims of direct and indirect discrimination and victimisation, along with her claims against Upton. Peggie is appealing aspects of that decision.

During the separate case against the RCN, Marquis said the union sought to represent a membership of around 600,000 people with a wide range of views. She told the tribunal that the organisation did not take a position on the competing concepts of gender identity and biological sex.

Peggie’s barrister, Naomi Cunningham, questioned whether that claim was consistent with the union’s public presentation, including its use of Pride flags and merchandise. Marquis said these were intended to demonstrate inclusion across the RCN’s membership rather than endorse one side of a political or philosophical debate.

The tribunal also considered how the union responded to the Supreme Court’s 2025 judgment that the terms “woman” and “sex” in the Equality Act 2010 refer to biological sex. Marquis accepted that communications issued by the RCN following the ruling could have done more to acknowledge the range of views held by members.

RCN representatives have maintained that Peggie’s beliefs had no bearing on decisions about the support available to her. The tribunal was previously told that her request for legal assistance did not qualify under the union’s rules because she had already obtained independent legal representation.

The case is being heard by Employment Judge Melanie Sangster. A judgment will be issued at a later date.

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