RCN failed to help me when I needed them, nurse tells Peggie tribunal

A nurse who was at the centre of a dispute over a transgender patient’s pronouns has told the tribunal hearing gender-critical nurse Sandie Peggie’s case that the Royal College of Nursing (RCN) failed to support her when she needed help most.

Jennifer Melle received a settlement from Epsom and St Helier Hospitals NHS Trust after being warned over using an incorrect pronoun to address a transgender patient. She told the tribunal that the patient became “vile and abusive” after she used a “biological pronoun”.

Ms Melle said she was later placed under investigation and contacted the RCN, but it took “a couple of days or weeks” to respond. She said being asked by a union representative to write a reflection on the incident “felt like more punishment”.

She was subsequently referred to the Nursing and Midwifery Council (NMC), which she described as the most “critical” time of her career.

Becoming emotional while giving evidence, Ms Melle said: “I was very shaken – having sleepless nights, having panic attacks.” She questioned why the union had not helped her “when I needed them the most”.

David Hay KC, cross-examining Ms Melle on behalf of the RCN, said representatives had been in contact with her to discuss the options in her case. He said the RCN had not ruled out legal assistance but wanted to see how the case progressed.

Ms Melle maintained that the union had not supported her and said it was “neglecting the urgency” of the matter.

Bethany Hutchison, president of the Darlington Nursing Union, also gave evidence. She said nurses represented by the union received an apology from their NHS trust after a dispute involving a transgender colleague using single-sex changing rooms.

Ms Hutchison said she had felt like a “naughty schoolgirl” when speaking with an RCN official and alleged that the RCN had “abandoned their members, particularly their female members”.

The tribunal later heard from RCN representative Stuart Fraser, who had initially been approached by Ms Peggie after her confrontation with Dr Beth Upton at Victoria Hospital in Kirkcaldy.

Mr Fraser said it was his understanding at the time that transgender individuals could use the facilities with which they identify. He denied handling Ms Peggie’s case on the basis that she was the “aggressor” and Dr Upton was the “victim”.

Ms Peggie is bringing the case against the RCN, alleging direct discrimination over her gender-critical beliefs and claiming that the union failed to support her adequately during her dispute with her employer.

She previously brought a case against NHS Fife after sharing a changing room with Dr Upton in December 2023. An employment tribunal upheld harassment claims against the health board but dismissed allegations of discrimination, indirect discrimination and victimisation.

The latest tribunal is being heard before employment judge Melanie Sangster in Dundee and continues.