Royal College of Nursing is accused of ‘abandoning’ its female members after union bosses refused to help nurse accused of ‘misgendering’ transgender doctor

The Royal College of Nursing has been accused of ‘abandoning’ its female members in a row over single-sex spaces.

The union boasts it is ‘committed to making equity and inclusion an everyday reality’ for its 540,000 members.

But human rights campaigners warn the RCN is putting the rights of transgender people ahead of the rights of women, who make up 90 per cent of the nursing workforce.

It comes amid an employment tribunal brought by nurse Sandie Peggie, who was suspended from work in January 2024 after objecting to trans medic Dr Beth Upton using a female changing room.

The nurse was accused of bullying and harassing the doctor at Victoria Hospital in Kirkcaldy, Fife, which she denies.

She then lodged a complaint against NHS Fife and Dr Upton – a claim of sexual harassment or harassment related to her gender-critical beliefs under the Equality Act 2010. The RCN website says it is an organisation of ‘nursing legal experts’ that provides ‘advice and representation’ on a range of workplace issues.

It claims its in-house legal team is the ‘largest of any union in the UK’. But the union has refused to represent Ms Peggie at the tribunal or provide legal assistance for another legal claim related to allegations she ‘misgendered’ Dr Upton. The RCN has posted on social media: ‘We celebrate trans nursing staff, and remain unwavering in our commitment to end transphobia in nursing.’

Maya Forstater, of human rights charity Sex Matters, said: ‘Sandie has been let down unforgivably by the RCN, which refused her request for legal assistance.’

It comes amid an employment tribunal brought by Ms Peggie, who was suspended from work in January 2024 after objecting to trans medic Dr Beth Upton (pictured) using a female changing room

Maya Forstater (pictured), of human rights charity Sex Matters, said: ‘Sandie has been let down unforgivably by the RCN, which refused her request for legal assistance.’

Margaret Gribbon, Ms Peggie’s solicitor, said: ‘Many trade unions’ track record on this issue is poor causing many of their members, especially women, to feel abandoned and betrayed. If they are to fulfil their core function of properly representing their members, they must be at the forefront of advocating for women’s right to single-sex spaces in the workplace and to challenging employers who discriminate, harass and victimise those holding lawful gender critical beliefs.’

The ‘Darlington nurses’, who are taking County Durham and Darlington NHS Foundation Trust to a tribunal in June for allowing trans women to use their changing room at Darlington Memorial Hospital, yesterday declared their support for Ms Peggie.

The seven nurses and one healthcare assistant are being assisted by Christian Concern after failing to get the backing of the RCN and Unison.

They have created their own union – the Darlington Nursing Union – to help other workers persecuted for their belief that sex is biological and immutable.

Bethany Hutchison, who is a Darlington nurse and President of the DNU, told the Mail: ‘Sandie Peggie is a DNU member, and we stand with her as she fights for her rights as a woman and as a worker to have reasonable working conditions.

‘We cannot see how any other union can take a different position in the circumstances.

‘No union should ever put an ideological agenda – transgender equality or whatever it might be – above the need to secure reasonable conditions for NHS frontline workers.’

Ms Peggie’s barrister told Dr Upton at the Dundee tribunal: ‘The reason some of your female colleagues might be unhappy was obvious. You’re male. At least some of those women might experience this as an invasion of privacy.’ Dr Upton said: ‘I’m not male. Why they might be uncomfortable with me is up to them.

‘I would disagree that I’m male and would disagree that my presence in the changing room is an invasion of privacy in their space.’

RCN Scotland said: ‘We do not comment on individual cases, treat all our members’ right to confidentiality with the utmost importance, and believe it is vital that all parties are treated with dignity and respect.’

The tribunal was adjourned on Friday and will resume in July.