Nurse in trans doctor case demands clarity from union on single-sex spaces
The Royal College of Nursing reportedly wrote to an English health board claiming it was breaking the law with its changing room policy.
A nurse who is suing NHS Fife after sharing a female changing room with a transgender doctor has demanded clarity from the nursing union about whether it raised concerns regarding single-sex spaces.
A letter sent by Sandie Peggie’s solicitor to the associate director of the Royal College of Nursing (RCN) Scotland, Norman Provan, calls for industrial intervention from the union on single-sex spaces.
It said Ms Peggie is “surprised but nevertheless delighted” that on March 27, the union wrote to the director of workforce at County Durham and Darlington NHS Foundation Trust telling them they were breaking the law by failing to provide single-sex changing rooms for staff, according to reports.
The English trust is facing similar litigation to NHS Fife, regarding nurses sharing a changing room with a transgender colleague, however Ms Peggie was not given industrial support when her case was raised in 2024, according to the letter.
Ms Peggie has taken the health board and Dr Beth Upton to tribunal, lodging a complaint of sexual harassment or harassment related to a protected belief under section 26 of the Equality Act 2010 regarding three incidents when they shared a changing room: indirect harassment, victimisation and whistleblowing.
The tribunal resumes in July.
The nurse was suspended on January 3 2024 after Dr Upton made an allegation of bullying and harassment, the tribunal in Dundee heard earlier this year.
Ms Peggie has been a member of the RCN for 30 years and her solicitor Margaret Gribbon said the nurse is “not asking the union to intervene in her ongoing litigation”, which is not supported by it.
The letter said Ms Peggie had been signed off with stress from February 2025, the same month the tribunal began.
It said: “As you are aware, Sandie was suspended by the board in early 2024, subject to a year-long disciplinary investigation and is to face a disciplinary hearing to answer allegations of ‘gross misconduct’, mainly because she objected to the board’s decision to permit a trans-identifying male colleague access to a female-only workplace changing room.
“Since February 2025 Sandie has been absent from work suffering from stress. The board has recently been advised that before Sandie can even consider returning to work, she needs assurances that no male colleagues, irrespective of their gender identity, will be permitted to use female-only workplace changing rooms. A response from the board is awaited.
“As the union is aware following my letter of February 13 2024, it is Sandie’s understanding that the board did not consult with either the union or female staff about the decision and nor was the decision risk, or equality impact assessed (in breach of the public sector equality duty provisions in the Equality Act 2010 and the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012).
“When we first spoke around mid-February 2024 I made clear Sandie’s expectation that the union exercise its industrial muscle to challenge the decision which was adversely impacting her and other female union members.
“To Sandie’s knowledge and disappointment, the union has made no attempt to resolve this matter industrially with the board.
“On April 16 2024, I wrote to the union highlighting, once again, the concerns of Sandie and other female colleagues about the decision. I stated that it was unclear why the board was not taking a common-sense approach to the matter by providing unisex changing room facilities. I asked the union to let me know if it intended to raise this matter with the board but received no reply.”
However the letter cited media reports about the RCN intervening at County Durham and Darlington NHS Foundation Trust, stating it “expected the trust to abide by the Workplace (Health, Safety and Welfare) Regulations 1992 – and provide single-sex changing rooms without delay”.
The letter said: “It appears the union was prompted to take these steps as a result of ongoing litigation against by a group of nurses who, like Sandie, claim their employer’s decision to permit men into female-only changing rooms is unlawful discrimination and harassment in breach of the Equality Act 2010.”
Ms Gribbon said she is asking two questions on behalf of Ms Peggie: “Has the union written to the board regarding the existence of the 1992 regulations, the board’s present failure to comply, and the union’s expectation that the board provides single-sex changing rooms without delay, ie has the union written to the board in the terms that it has written to the trust in the Darlington nurses’ case?
“If not, does the union intend to do so in future?”
The Royal College of Nursing, County Durham and Darlington NHS Foundation Trust, and NHS Fife have been contacted for comment.
