Central to Peggie’s most recent claim is that she felt her union representative, Stuart Fraser, should have provided her with legal advice after he made contact with her in early January 2024.
Weeks after this Peggie had a meeting with then-Alba MP Neale Hanvey, who put her in touch with the campaign group Sex Matters.
The group provided Peggie with some funding and by May, she had launched employment tribunal action – with her own lawyer Margaret Gribbon – against both the health board and Dr Upton.
She continued to seek legal assistance from the union, which was formally refused by Norman Provan in January 2025.
Provan told the latest tribunal about circumstances where the union would not provide members with legal advice.
He said this included if they had sought independent legal advice, and that members were made aware of this rule on the RCN website and in writing.
Provan said Peggie’s case “didn’t fit those rules” and he had “applied those rules as I would in any case”.
Asked by the RCN’s lawyer, David Hay KC, whether the nurse’s gender-critical beliefs had any influence on his decision, he replied: “They had no bearing on my decision. I applied the rules of the organisation.”
The tribunal, held before judge Melanie Sangster in Dundee, continues.