The tribunal accepted that Ms Peggie’s belief that biological sex is immutable is protected under the Equality Act 2010, but found that the union’s decisions were not motivated by those beliefs.
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Ms Peggie, who works at Victoria Hospital in Kirkcaldy, brought the action following a separate dispute involving transgender doctor Dr Beth Upton, whom she challenged over the use of a female changing room on Christmas Eve 2023.
She was subsequently suspended and launched legal proceedings against NHS Fife and Dr Upton.
Her case against the RCN centred on three allegations: that it failed to advise her about potential discrimination claims, refused to fund legal representation for a second tribunal claim, and failed to seek sufficient assurances about single-sex workplace facilities.
The tribunal found that RCN official Stuart Fraser had acted consistently with normal procedures when initially advising Peggie following her suspension in January 2024.
It also accepted the explanation of Norman Provan, the union official responsible for authorising legal assistance in Scotland, who refused to support a second claim because Ms Peggie had already instructed independent lawyers.
The judge found that Provan had applied the same approach to comparable cases over 18 years and that his decision was unrelated to Ms Peggie’s protected beliefs.
The tribunal also rejected allegations concerning the RCN’s response to requests for assurances about female-only changing facilities and protection for staff holding gender-critical beliefs.
It found that union official Gillian Tait had contacted NHS Fife and sought relevant assurances, although she had not circulated the correspondence to the wider RCN membership as Ms Peggie requested.
The judgment concluded: “The claimant’s complaints of direct discrimination do not succeed and are dismissed.”
The ruling follows Ms Peggie’s victory in separate proceedings against NHS Fife in December 2025, when a tribunal upheld harassment complaints against the health board relating to its handling of the changing-room dispute and subsequent disciplinary process.
However, other claims against NHS Fife were dismissed, along with all claims against Dr Upton.
Ms Peggie was cleared of misconduct by NHS Fife in July 2025.
The latest judgment concerns only her discrimination allegations against the RCN and does not alter the findings in her separate case against NHS Fife.
A spokesperson for Sandie Peggie described the judgment as raising “serious questions about the value of trade union membership” and said it made “worrying reading for all trade union members”.
The spokesperson criticised the tribunal’s decision not to determine whether the RCN had adopted what Peggie alleged was an institutional belief in gender ideology.
They added: “Sandie Peggie’s legal team will carefully consider the judgment before making recommendations to Sandie on any further legal steps available to her.”
An RCN spokesperson welcomed the decision, saying: “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.”
Reform UK Scotland MSP Mandy Lindsay criticised the outcome, saying: “I am deeply disappointed by today’s outcome.
“Sandie Peggie is a dedicated nurse of over 30 years who has shown considerable courage in standing up for her rights and for the basic principle that women are entitled to single-sex spaces.
“Many women across Scotland share her concerns and are fed up with unions like the Royal College of Nursing failing to back members who raise legitimate concerns, leaving them isolated and unsupported when it matters most, in favour of political ideology.
“Reform UK Scotland will stand firmly with Sandie Peggie if she chooses to appeal this ludicrous decision, and we will not rest until single sex spaces are legally guaranteed throughout Scotland.”