RCN denies discrimination over gender-critical beliefs at tribunal

The Royal College of Nursing (RCN) has no official stance on the debate between gender ideology and biological sex, a senior executive told an employment tribunal. Patricia Marquis, RCN England chief executive, stated the organisation aims to represent its 600,000 members, who hold a wide range of views on many subjects.

Ms. Marquis gave evidence on Wednesday at the tribunal concerning claims brought by nurse Sandie Peggie. Ms. Peggie alleges direct discrimination by the RCN over her gender-critical beliefs. The RCN denies these allegations.

Union's stance on gender debate

During the hearing before employment judge Melanie Sangster in Dundee, RCN lawyer David Hay KC asked Ms. Marquis about the union's position on the dichotomy between gender ideology and gender-critical views. Ms. Marquis replied, "We have no position on those two concepts."

However, Ms. Peggie's barrister, Naomi Cunningham, challenged this neutrality. Ms. Cunningham presented examples suggesting the RCN had adopted gender ideology, citing the sale of merchandise featuring the RCN logo alongside the Pride flag. Ms. Marquis agreed the Pride flag is strongly associated with gender ideology.

Ms. Cunningham questioned why no RCN-branded merchandise supported gender-critical beliefs, such as using the suffragette colours. She stated, "There is nothing here that supports any other beliefs," referring to RCN merchandise. Ms. Marquis denied this indicated the organisation was "taking sides," explaining the Pride badges were intended to express support for members who identify in different ways.

Ms. Marquis also addressed the RCN's response to a Supreme Court ruling that sex in the 2010 Equalities Act refers to biological sex. She acknowledged a statement attributed to her, released after the ruling, was perceived as "mournful in tone" and did not mention members who might have welcomed the decision. She stated it was not the intention to present the ruling negatively but agreed the statement lacked reference to members who welcomed it.

When questioned about the RCN's statement, "Let me be clear, the RCN stands in support with our LGBTQIA+ members," Ms. Cunningham asked what the "+" signified. Ms. Marquis explained it represented "people identifying in different ways." Ms. Cunningham suggested it was "worrying" to express support for a group with undefined parameters.

Previous Case

Ms. Peggie previously brought a case against NHS Fife after sharing a changing room with a transgender medic. An employment tribunal awarded her a partial victory against the health board, upholding claims of harassment but dismissing allegations of discrimination, indirect discrimination, and victimisation.

The current tribunal in Dundee continues to hear evidence.