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

A nurse who became involved in a dispute over the pronouns used for a transgender patient told an employment tribunal that the Royal College of Nursing failed to support her during what she described as the most critical period of her career.

Jennifer Melle gave evidence on Monday at the tribunal brought by gender-critical nurse Sandie Peggie against the RCN. Ms Peggie claims the union directly discriminated against her because of her gender-critical beliefs and failed to provide adequate support during a dispute with her employer.

### Melle describes investigation and regulatory referral

Ms Melle previously received a warning from Epsom and St Helier Hospitals NHS Trust after using incorrect pronouns to address a transgender patient. She later reached a settlement with the trust.

Giving evidence, she said a patient had become “vile and abusive” towards her after she used what she called a “biological pronoun”. She said she was subsequently placed under investigation and contacted the RCN for support.

Ms Melle told the tribunal that it took the union “a couple of days or weeks” to respond. When a union representative asked her to write a reflection on what had happened, she said the request “felt like more punishment”.

She was later referred to the Nursing and Midwifery Council. Describing the regulatory investigation, Ms Melle said it was the most “critical” time of her career.

“I was very shaken – having sleepless nights, having panic attacks,” she said.

Becoming emotional while giving evidence, she questioned why the RCN had not helped her “when I needed them the most”. She said the union had been “neglecting the urgency” of her case.

### RCN challenges Melle’s account

David Hay KC, representing the RCN, said representatives had been in contact with Ms Melle to discuss the options available in her case.

When Ms Melle maintained that the union had not supported her, Mr Hay said there was “no way for the RCN to know that you had the deep-seated concerns that you’re telling us”.

He also said the RCN had not rejected her request for legal assistance, but had wanted to see how the case developed. The union, he said, “weren’t saying never”.

### Evidence from Darlington Nursing Union president

Bethany Hutchison, president of the Darlington Nursing Union, also appeared as a witness on Monday.

Nurses represented by the Darlington union received an apology from their NHS trust following a dispute involving a transgender colleague using single-sex changing rooms.

Ms Hutchison said she had been left feeling like a “naughty schoolgirl, like I was being told off for something” during an interaction with a union official.

She claimed that the RCN had “abandoned their members, particularly their female members”.

### RCN representative questioned over Peggie case

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

In response to questions from Ms Peggie’s barrister, Naomi Cunningham, Mr Fraser said that his understanding at the time was that transgender individuals could use the facilities with which they identified.

Ms Cunningham referred to correspondence in which Mr Fraser had called Dr Upton “she”. She suggested this indicated that “gender ideology has got its hooks so deeply into RCN”.

Mr Fraser rejected that suggestion. He said he did not believe gender ideology had influenced his approach and that he would not have thought about the use of the pronoun.

He also denied handling Ms Peggie’s case on the basis that she was the “aggressor” and Dr Upton was the “victim”.

### Background to Peggie’s tribunal

Ms Peggie previously brought a case against NHS Fife after sharing a changing room with Dr Upton at Kirkcaldy’s Victoria Hospital in December 2023.

An employment tribunal gave Ms Peggie a partial victory against the health board in December last year. It upheld claims of harassment against her employer but dismissed allegations of discrimination, indirect discrimination and victimisation.

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