Nurse Claims Union Sided With Trans Doctor in Changing Room Dispute

Nurse Sandie Peggie told an employment tribunal that she felt her union, the Royal College of Nursing (RCN), sided with a transgender doctor regarding the use of female changing rooms. Peggie is suing the RCN, alleging discrimination based on her gender-critical beliefs. She claims the union did not adequately ascertain the views of other staff members on the matter.

Peggie, 53, stated that she had "lost faith" in the RCN, asserting that the union had failed her from the "outset." She also expressed feeling "not supported" and that "people were taking the doctor’s side rather than mine."

In August 2023, NHS Fife permitted Dr. Upton, a resident doctor who is a transgender woman, to use the female-only changing room in the accident and emergency department at Victoria Hospital in Kirkcaldy. Peggie reported two encounters with Dr. Upton on Christmas Eve of that year, which led to a confrontation and Peggie's subsequent suspension. A review meeting the following March involved NHS Fife staff and RCN representative Stuart Fraser. Peggie was informed her suspension would be lifted if she agreed to work in a different area, a request she refused. She stated that Fraser also appeared to push for her to move departments, which further contributed to her feeling unsupported.

Dr. Upton, a biological male identifying as female, had been granted permission to use the women's facilities upon starting at the hospital. Peggie testified that while other staff members were unhappy about the arrangement, there had been no consultation with them. She noted that "general chit chat" in the department indicated that "a lot of staff didn't want him, they were uncomfortable with him being in as well as myself."

Naomi Cunningham, the lawyer representing Peggie, questioned whether hospital management had consulted with female staff or the RCN about Dr. Upton using the women-only room. Peggie responded that there had been no such consultation.

Last year, Peggie was involved in a previous employment tribunal against NHS Fife and Dr. Upton, where she secured a partial victory on harassment claims against NHS Fife but dropped other claims. She is currently appealing that decision. When asked why colleagues did not provide evidence in her defense at the prior tribunal, Peggie suggested it was due to fear, noting how she had been treated by hospital senior staff.

Peggie, who has been absent from work since December 2024, emphasized the importance of ensuring "that there weren’t any men going into the women’s changing area." She believes the RCN did not actively lobby Fife Health Board to prevent male access to female changing areas.

The RCN is represented by David Hay KC. In cross-examination, Peggie reiterated her loss of faith in the union, stating she did not seek legal advice from them during her suspension. A letter from March 2025, read into the hearing, indicated her claim that the RCN had failed her from the outset. The tribunal proceedings are ongoing.