Nurse Sandie Peggie is to appeal against the decision that she was not discriminated against by her trade union over her beliefs on biological sex and gender.

Peggie alleged the Royal College of Nursing (RCN) had failed to adequately support her during a dispute with NHS Fife and Dr Beth Upton.

The RCN disputed the claim, arguing that it had acted "reasonably" throughout the process - and that view was backed by an employment tribunal ruling earlier this month.

Peggie's legal team have now confirmed they will challenge the decision, with a notice of appeal expected to be submitted in the coming week.

A spokesperson for Peggie said: "Sandie remains deeply grateful to all those who gave evidence on her behalf, as well as to the many individuals and organisations who have supported her throughout these proceedings.

"Given that the appeal process will shortly be under way, no further comment will be made at this stage."

The latest case was the second employment tribunal brought by Peggie over the dispute with Dr Upton, a transgender woman - that is, a biological male who identifies as a woman.

Peggie objected to sharing a changing room with Dr Upton at the Victoria Hospital in Kirkcaldy and a number of disagreements over the subject came to a head in December 2023.

The nurse was suspended in January 2024 and took both Dr Upton - who has since left the NHS - and the health board to a long-running and high-profile tribunal.

Peggie partially won a claim for harassment against NHS Fife last December, but her other allegations of discrimination and victimisation, including those against Dr Upton, were dismissed.

Peggie holds what are described as "gender critical" or "sex realist" beliefs that people are born male or female and cannot change sex.

The second tribunal, which finished hearing evidence in Dundee last month, centred around whether Peggie should have been provided with legal advice after the union contacted her over her suspension.

Employment judge Melanie Sangster found the RCN had not shown "conscious or subconscious discrimination" towards Peggie during the case.

In a written decision, Judge Sangster said Peggie did not "request legal assistance", following her suspension, during a call with RCN representative Stuart Fraser.

The tribunal ruled that Fraser's approach during the call was "in line with the approach he would take in other cases".

Peggie subsequently received funding for legal representation in her case against NHS Fife and Dr Upton from campaign group Sex Matters.

Following the ruling, an RCN spokesperson said: "The judgment is comprehensive and we welcome the decision that we did not discriminate against our member based on her protected beliefs. RCN staff followed agreed processes that apply to all members and we acted fairly and impartially.

"We are sorry these matters were aired before the tribunal."

They added: "The RCN is an anti-discrimination organisation, supporting all of its members."