The Royal College of Nursing (RCN) “does not have a position” on the debate around gender ideology and biological sex, a senior executive has told a tribunal.
RCN England chief executive Patricia Marquis said the organisation seeks to balance the views of its 600,000-strong membership, which she said is “pretty reflective of society” and has “a range of views on many issues”.
Ms Marquis was giving evidence on Wednesday in Sandie Peggie’s employment tribunal against the organisation, on the final day of evidence.
Ms Peggie has brought the legal case against the RCN over what she claims was direct discrimination over her gender-critical beliefs.
The RCN denies the claims.
The nurse previously brought a case against NHS Fife after sharing a changing room with transgender medic Dr Beth Upton at Kirkcaldy’s Victoria Hospital in December 2023.
The first employment tribunal awarded Ms Peggie a partial victory against the health board in December last year, upholding claims of harassment against her employer, but dismissing allegations of discrimination, indirect discrimination and victimisation.
Opening Wednesday’s hearing, RCN lawyer David Hay KC asked Ms Marquis about the union’s view on the “dichotomy” between “gender ideology” and gender-critical views.
“To what extent does the RCN have any particular position on the debate between concepts of gender ideology as opposed to biological sex?” he asked her.
She replied: “We have no position on those two concepts.”
This was challenged in cross-examination by Ms Peggie’s barrister Naomi Cunningham, who gave a number of examples of how she claimed the RCN had “picked a side” on the issue by adopting gender ideology.
She also put it to the executive that the RCN is “in the grip” of “trans activists”, which she said had created a “climate of fear” that made people reluctant to deviate from that position.
She said this was the reason for the RCN’s “failure” to properly support Sandie Peggie – including its “refusal of her request for legal assistance” during her dispute.
“The reason the union wasn’t willing to do it was it is in the grip of a gender ideology and therefore it could not bear to do anything so public as to support the sex-based rights of its female members, or the rights of its gender critical members,” she said.
Ms Marquis rejected this, insisting throughout her evidence that the RCN is “as interested” in the rights of women and people who are gender critical as it is trans people.
She also reiterated that Ms Peggie’s request for legal assistance was denied on the basis she had already taken legal advice, in line with the RCN’s “usual practice”.
Ms Cunningham also gave a number of examples of what she said was gender ideology at the RCN.
This included the fact it sold badges featuring its logo and the Progress Pride flag, which Ms Marquis agreed is “strongly associated with gender ideology”.
Ms Cunningham asked why, if the RCN was neutral on the issue, there were no RCN-branded badges expressing support for those with gender-critical views.
“There is nothing here that supports any other beliefs,” Ms Cunningham said, looking at a page of RCN merchandise.
The witness denied this was evidence the organisation was “taking sides”, and insisted the Progress Pride badges were simply “expressing support for members who identify in different ways”.
She added the use of Pride insignia, such as on merchandise or flags, was “absolutely” not intended to exclude anyone.
Ms Cunningham also asked about the RCN’s response to the 2025 Supreme Court ruling that sex in the 2010 Equalities Act referred to biological sex.
She said one statement attributed to Ms Marquis, which was included in an announcement of an engagement session for RCN members soon after the ruling, presented it as “bad news” that may be “upsetting” or concerning for members.
She asked why there was no acknowledgement that some RCN members may have been “rejoicing” at the judgement.
Ms Marquis said it was “not the intention” to present the ruling in a negative light, but agreed the statement made no reference to those members who may have welcomed it.
The tribunal, taking place before employment judge Melanie Sangster in Dundee, continues, with both sides expected to deliver their closing submissions on Thursday.
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