Sandie Peggie has launched legal action in response to her union, who is currently suing her employer.
NHS Fife suspended Peggie in 2024 after she was accused of bullying and harassing Dr Beth Upton. The two had shared a changing area at Victoria Hospital, Kirkcaldy.
She is suing the Health Board in Dundee for sexual harassment, and harassment relating to a protected faith.
Peggie’s tribunal hearing began just one day after she was cleared last week of all internal allegations made by NHS Fife of harassment.
The nurse has now filed a lawsuit against the Royal College of Nursing, claiming that the union “refused” to represent her due to her gender-critical views.
Peggie told her that she had asked for advice from her union after being suspended at the beginning of 2024.
Margaret Gribbon said that the RCN had “repeatedly neglected to use their industrial muscle” to support female workers who were distressed by being denied a space to dress or undress in which they could be alone.
She said that if the RCN had played the traditional role of a union, Sandie wouldn’t have been subjected to an 18-month disciplinary procedure and the need to file legal action against the Fife Health Board.
The legal team for Peggie refers to RCN guidelines from 2021. These state that all members are entitled to “support, guidance, or representation, regardless of their ethnic or national origins or religion, sexual orientation or gender reassignment. disability, marital or civil partnership status, age, pregnancy, or any previous complaint they may have made against the RCN.”
In the guidelines, it is also stated that if a union cannot offer advice or representation, they will provide a “clear explanation”.
A spokesperson for RCN stated that the union has denied the allegations and responded to the claim.
Peggie’s tribunal has heard so far that the nurse met Dr Upton, who is trans, twice in the hospital changing rooms. Peggie had to change her clothes urgently on Christmas Eve 2023 due to heavy bleeding.
Peggie claimed that she felt “embarrassed” and “intimidated” when sharing the space. Dr Upton complained that the nurse’s complaint was bullying, and that the board suspended.
The tribunal adjourned for a month in February, and then resumed its work last week. The tribunal is expected to continue until the end this week.
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