A nurse at the centre of a trans medic tribunal was not discriminated against by her union because of her gender beliefs, a judge has ruled.
Sandie Peggie, 53, had appealed for help from the Royal College of Nursing (RCN) when she was suspended from work after complaining about sharing a female-only changing room with trans doctor Beth Upton.
The union did not advise her she had a legal claim against the biologically male medic and NHS Fife after the encounter on Christmas Eve 2023, and she accused it of discriminating against her because of her gender critical beliefs.
But now a judge has ruled the RCN did not discriminate against her, marking the end of another chapter in Mrs Peggie's single-sex changing room battle.
As her claims were thrown out Mrs Peggie was told she was not treated unfairly because the union official who first dealt with her complaint did not understand her gender critical beliefs were 'anything more than disagreement about the use of changing facilities'.
Following the ruling, which came after a seven-day employment tribunal against the nursing union she has been a member of for decades, Mrs Peggie warned about the implications.
A spokesman for the Victoria Hospital, Kirkcaldy, nurse said: 'This judgment makes worrying reading for all trade union members.
'It raises serious questions about the value of trade union membership if, when members report workplace concerns, the responsibility falls on them, rather than on experienced and trained union officers supported by internal and external legal teams, to identify the correct statutory basis for potential legal claims.
Sandie Peggie was not discriminated against by her union because of her gender beliefs, a judge has ruled
'The judgement also suggests that, where a woman seeks advice from her trade union because she objects to undressing in front of a male colleague at work, the union is entitled to characterise her concerns merely as a disagreement about access to a changing room rather than recognising them as an expression of her protected belief that a man who identifies as a woman remains a man.
'Sandie Peggie's legal team will carefully consider the judgment before making recommendations to Sandie on any further legal steps available to her.'
Mrs Peggie's tribunal against the nursing union, which has 55,000 mostly female members in Scotland, was made up of three strands.
But employment judge Melanie Sangster said: 'The claimant's complaints of direct discrimination do no succeed and are dismissed.'
Mrs Peggie was not advised by her union she may have a claim against the biologically male resident doctor or her health board, nor did it take steps to refer the matter for legal support, following her suspension.
The 37-page ruling concluded: 'The tribunal concluded that SF [Stuart Fraser, an RCN officer] did not understand the claimant to be asserting or manifesting a protected sex realist/gender critical belief, and did not perceive her views as anything more than disagreement about the use of changing facilities.
'The only information available to him was the brief note of the claimant's previous discussion with RCN Direct, and what she told him during their discussion.
'The claimant did not tell RCN Direct, or SF, that she had a philosophical belief that biological sex is real, important, immutable and not be conflated with gender identity.
Mrs Peggie had complained about sharing a female-only changing room with trans doctor Beth Upton
'She did not refer to holding gender critical or sex realist beliefs (as she was unaware of these terms at the time).
'She simply stated that she felt uncomfortable that a trans doctor, BU [Beth Upton], was using the female changing area and did not feel that BU should do so, referring to a recent news story about Isla Bryson when doing so.
'The information provided to SF did not convey that the claimant held a philosophical belief, rather than simply an opinion or viewpoint, based on a recent news story.'
The judge dismissed this part of the claim. The two other threads of Mrs Peggie's direct discrimination claim were also rejected by the employment judge.
The union had been accused of adopting gender ideology as its institutional position but the judge did not rule on this. Mrs Peggie's spokesman described this as 'disappointing', and added that it had been 'a matter in dispute between the parties which needed to be determined'.
An RCN spokesman said: '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.'
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