RCN has 'no position' on gender debate, boss tells Sandie Peggie employment tribunal

The Royal College of Nursing has "no position" on the debate around gender ideology and biological sex, a senior executive has told an employment tribunal.

Patricia Marquis, executive director of Royal College of Nursing (RCN) England, said the organisation seeks to balance the views of its 600,000-strong membership, which she claimed is "pretty reflective of society" and has "a range of views on many issues".

Ms Marquis was giving evidence in Dundee on Wednesday in Sandie Peggie's employment tribunal against the RCN union, in what is expected to be the final day of evidence.

Ms Peggie 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.

In December 2025, the tribunal awarded Ms Peggie a partial victory, upholding claims of harassment against her employer, but dismissing allegations of discrimination, indirect discrimination and victimisation.

Ms Peggie claims the RCN failed to adequately support her in the dispute with the health board, and is seeking a finding that the union discriminated against her because of her gender-critical and sex realist beliefs.

The RCN denies the claims.

RCN lawyer David Hay KC asked Ms Marquis about the union's view on the "dichotomy" between gender ideology and gender-critical views.

He queried: "To what extent does the RCN have any particular position on the debate between concepts of gender ideology as opposed to biological sex?"

She replied: "We have no position on those two concepts."

More from the tribunal:
Trans row nurse takes union to tribunal
Beliefs had 'no bearing' on union decision
Union 'failed to help me when I needed them most'

Ms Peggie's barrister Naomi Cunningham highlighted a number of examples of how she claimed the RCN had "picked a side" on the issue by adopting gender ideology.

She said the RCN sold badges featuring its logo and the 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 beliefs - for example, she said, featuring the suffragette colours of purple, white and green.

"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 RCN was "taking sides", and insisted the Pride badges were simply "expressing support for members who identify in different ways".

Ms Marquis claimed the organisation's use of Pride insignia, such as on merchandise or flags, was "absolutely" not intended to exclude anyone.

Ms Cunningham went on to ask about the RCN's response to the 2025 Supreme Court ruling that sex in the 2010 Equalities Act referred to biological sex.

The lawyer said one statement attributed to Ms Marquis, which was included in an announcement of an engagement session for RCN members soon after the ruling, was "mournful in tone".

She said it presented the ruling as "bad news" that may be "upsetting" or concerning for members, with no acknowledgement that some RCN members may have been "rejoicing" at it.

Ms Marques said it was "not the intention" to present the ruling in a negative light, but agreed the statement did not refer to those members who may have welcomed it.

Ms Cunningham also pressed Ms Marques on a particular line in the statement, which read: "Let me be clear - the RCN stands in support with our LGBTQIA+ members."

She asked what the "+" in the acronym meant, with Ms Marquis replying it represented "people identifying in different ways".

Ms Cunningham put it to her that "it is a bit worrying" to express support for "a group whose parameters you really can't define".

The tribunal is taking place before judge Melanie Sangster.

(c) Sky News 2026: RCN has 'no position' on gender debate, boss tells Sandie Peggie employment tribunal