Nurse demands clarity from union over single-sex spaces

A nurse who was suspended by NHS Fife after she objected to a transgender doctor using a women's changing room has demanded clarity from her union about whether it raised concerns over single-sex spaces with the health board.

Sandie Peggie's solicitor has written to the Royal College of Nursing (RCN) Scotland to request its intervention in a "workplace industrial matter".

It follows media reports that the RCN previously wrote to a health trust in England to inform bosses they were breaking the law by failing to provide single-sex changing rooms for staff.

The RCN has been contacted for comment.

Ms Peggie's solicitor Margaret Gribbon said that the union had told County Durham and Darlington NHS Foundation Trust that it had to abide by workplace regulations around single-sex spaces.

The letter, seen by BBC Scotland News, said Ms Peggie - who was not given industrial support when her case was raised with NHS Fife last year - was "surprised but nevertheless delighted" by the move south of the border.

Ms Peggie was suspended from her work at the Victoria Hospital in Kirkcaldy in January last year after she complained about having to share changing facilities with Dr Beth Upton.

Dr Upton, who is transgender, made an allegation of bullying and harassment.

The incidents alleged by Dr Upton happened before the UK supreme court unanimously ruled that a woman is defined by biological sex under equalities law.

Ms Peggie was signed off with stress in February this year, the same month the tribunal began.

Separately, the nurse had been the subject of a year-long disciplinary investigation and will face a disciplinary hearing to answer allegations of gross misconduct next month.

The letter said that, before returning to work, Ms Peggie "needs assurances that no male colleagues, irrespective of their gender identity, will be permitted to use female-only workplace changing rooms".

Ms Gribbon said that she was awaiting a response on this from NHS Fife.

The lawyer made it clear that her client expected the union to "exercise its industrial muscle to challenge the decision which was adversely impacting her and other female union members".

She also wrote that she first spoke to the union about the issue of single-sex spaces in February last year.

But she added: "To Sandie's knowledge and disappointment, the union has made no attempt to resolve this matter industrially with the board."

The letter said the English branch of the RCN told the County Durham and Darlington NHS Foundation Trust to abide by the Workplace (Health, Safety and Welfare) Regulations 1992 and "provide single-sex changing rooms without delay".

Ms Gribbon said it appeared the union had been prompted by ongoing litigation against the trust by a group of nurses in Darlington.

The solicitor concluded by asking if the union had written to NHS Fife in the same terms that it wrote to the trust in the Darlington nurses' case.

It added: "If not, does the union intend to do so in future?"

She added that Ms Peggie was not asking the union to intervene in her ongoing employment tribunal.

The Royal College of Nursing, County Durham and Darlington NHS Foundation Trust and NHS Fife have been contacted for comment.

Last week NHS Fife failed in its bid to bar the public from viewing future hearings in an employment tribunal about a transgender doctor using a female changing room.

The health board sought a court order to restrict an online stream of the case brought by Ms Peggie when it resumes in July.