Why I am suing my Trade Union

by Fiona Macdonald

Why I am suing my Trade Union

by Fiona Macdonald
Fiona Macdonald
Case Owner
As a lifelong trade union member I want to stop the climate of fear experienced by PCS members who hold gender critical beliefs. My hope is this action will help all union members across the movement.
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Fiona Macdonald
Case Owner
As a lifelong trade union member I want to stop the climate of fear experienced by PCS members who hold gender critical beliefs. My hope is this action will help all union members across the movement.

Latest: June 2, 2026

Important judgement update from the Preliminary Hearing

I'm now in a position to provide an important and good news update on my case


As previously advised, PCS Union applied to have the indirect discrimination element of my case struck out and their appli…

Read more

After I spoke up about the clash between women’s sex-based rights and gender ideology I was cancelled, silenced and dishonoured by my own trade union, the Public and Commercial Services Union (PCS). I am bringing a claim against them in the employment tribunal complaining of gender critical discrimination.

In 2019 I retired as a Civil Servant in the Scottish Government and in February 2020 I was delighted to be nominated to receive a Distinguished Life Membership (DLM) Award. This recognised 20 years of work standing up for workers’ rights, including as vice-chair of the Scotland Committee, Vice-President of the Scottish Government Group and as the only female chair of the National Standing Orders Committee and on the National Women's Forum.

I am a proud trade unionist, but my last years with PCS Union were frustrating and unhappy because I rejected gender identity ideology. I believe it threatens collective action and the safety of women and children. Since 2016 I had become concerned about motions being put forward undermining the Equality Act and women’s rights in favour of trans rights. When I spoke up, I faced first the familiar wall of silence, and then accusations of “transphobia”.

On 24th of March 2021 I was informed that my DLM Award nomination had been rejected because of my gender critical views.

Around 2022 I was then nominated for another award, the national DLM award. There were also repeated attempts to stop this nomination, but it was finally accepted and put to a vote of the National Delegate Conference in May 2022. I was scheduled to receive the award at the PCS annual conference in May 2023.

I planned to refer to the controversy in my speech.

Unfortunately, due to illness, I was unable to attend the May 2023 Conference to accept the award in person and since then the union has snubbed my repeated requests for me to receive it at Conference. In June 2025, the union’s General Secretary confirmed I would not be invited to receive my award in person and that it would be posted to me. It never has been.

I believe that the real reason the union is refusing to invite me to Conference to publicly recognise me for my work is because of my beliefs that sex is real, binary and immutable. 

Why this case is important

Many people within the PCS and other trade unions are afraid to speak up. A culture of authoritarianism which silences opposition has captured the union. The culture of fear is like the worst excesses of McCarthyism.

My treatment by the PCS illustrates how members who express gender critical beliefs are criticised, harassed and silenced.

I believe there are those within the leadership of PCS who share my beliefs but remain silent. Of course, there are others in the union who are actively promoting this culture of fear and who wrongly remain in positions of power.

In workplaces around the country the PCS and other trade unions are complicit in promoting the narrative that those who hold and manifest protected gender critical beliefs are transphobic and bigoted. This is what leads to gender critical workers being discriminated against and harassed. They are then abandoned by their trade union, instead of supported to bring claims against their employer.

Gender critical beliefs were validated by the recent Supreme Court For Women Scotland ruling, yet the PCS has publicly stated its opposition to the judgement and its intention to contest it. This stance sends a strong, discouraging message to women like me, who continue to face hostility from our union and our employers for holding legitimate and legally protected views.

I want accountability for the PCS’s decision to deny me the opportunity to receive my award at conference.

I hope my legal case will highlight the bullying and hostility toward members with gender critical beliefs and encourage the union to step up and effectively advocate for and represent members irrespective of their protected beliefs.

My primary objective is to expose the capture of the PCS (and the wider trade union movement) by gender ideology and how this has been weaponised to intimidate and silence those who speak up for women’s rights.

What am I am asking the employment tribunal for if I win my case?

If I win my claim I will be asking the tribunal to make a declaration that the union has discriminated against me on the grounds of my gender critical beliefs; that it recommends that I am permitted to attending the Annual Conference to accept my award in the normal way and the union is ordered to pay me compensation for injury to hurt feelings.

My objective in bringing the case is to also highlight the union’s poor treatment of members with gender critical views and to give other members who have faced similar experiences the courage to stand up and speak out. I hope to send a clear message to the union that it risks legal challenges, reputational damage and financial penalties if it does do not uphold women’s rights and freedom of expression and belief.

Please support my case

I am seeking your financial support to fund this important legal case. I am represented by Margaret Gribbon who is acting for Sandie Peggie in her case against NHS Fife, and her ongoing case against the RCN nursing union.

Any contribution no matter how small will greatly assist me to bring this legal challenge.

In addition, I would appreciate your assistance in sharing this information with your networks, family, friends, across social media, and throughout the trade union movement. Your involvement and advocacy are essential to ensure that these concerns are heard and addressed within our movement.

If you cannot afford to contribute it will help me enormously if you could share my crowdfunding page.

My initial target for stage 1 litigation fees is £17,500.

Thank you for your interest in my case and for your invaluable support in helping me hold the PCS to account for discriminating against me because of my gender critical beliefs.

Media coverage of my case

https://www.heraldscotland.com/news/25342759.union-activist-sues-claiming-gender-critical-discrimination/

https://www.heraldscotland.com/news/25342843.union-campaigner-cancelled-trans-rights-activists/


Recent contributions

Update 3

Fiona Macdonald

June 2, 2026

Important judgement update from the Preliminary Hearing

I'm now in a position to provide an important and good news update on my case


As previously advised, PCS Union applied to have the indirect discrimination element of my case struck out and their application was heard before Judge Campbell sitting at a Glasgow employment tribunal on 6th May 2026. I am delighted to inform you that in a written judgement dated 1st June 2026, Judge Campbell refused the union’s strike out application rejecting their argument that the indirect discrimination aspect of my case had no reasonable prospects of success. This means that I will be able to lead all the evidence I have at a final hearing relating to my position that the union has adopted a gender identity belief as an institutional belief. I am very much looking forward to putting all this evidence into the public domain.


I am immensely grateful to my legal team, Naomi Cunningham of Outer Temple Chambers instructed by Margaret Gribbon, Solicitor of McGrade and Co Glasgow, for all their hard work which has resulted in the union’s strike out application failing.


I now need to prepare further particulars of my claim (as ordered by the Judge) and organise for the final hearing. The union’s strike out application, and the resulting one-day Preliminary Hearing was costly and so I must ask my donors who have been so generous so far to consider making a further contribution and/or help me improve my reach by sharing my Crowd Justice page.


Since going public with my case, I have been contacted by many PCS female members across Great Britain who have been discriminated against and isolated because of their sex realists’ beliefs and their experiences are a great source of inspiration to me in this necessary legal fight. I believe my case will sharpen the focus of union members more widely across the labour and trade union movement both in this country and abroad. I hope it will temper the worst excesses of gender ideology within trade unions and the impact on those who share the same beliefs as I do.


The category of sex is important to enable us to fight inequality and injustice for women and LGB communities. Sex is real and immutable. I know you share these beliefs and your support has brought about a successful outcome in this important and early stage of my litigation for which I am immensely grateful.


With thanks as always for your ongoing support to me and my legal team.

Update 2

Fiona Macdonald

March 17, 2026

We have a date for the Preliminary Hearing!

Dear Donors

I am able to give you an update on my case. 

My employment tribunal application was submitted in November 2025, and the union’s defence received in early December 2025.

In December 2025, the union made an application to strike out a part of my legal claim and asked the employment tribunal to fix a Preliminary Hearing to deal with this.

The part of my legal claim the union want struck out is my contention that they indirectly discriminated against me on the grounds of my gender critical beliefs by operating, “….a provision, criterion or practice (PCP) by which Gender Identity Belief has been adopted as an institutional belief.”

The union is arguing that an organisation cannot hold a belief which I dispute. Accordingly, I have instructed my Solicitors to oppose the strike out application and a one day public preliminary hearing has now been fixed to take place at the Glasgow Employment Tribunal on Wednesday 6th May 2026 to determine the matter.

I am hoping that the preliminary hearing will be broadcast on HMCTS’s Cloud Visual Platform so that all interested parties and the media can observe, and that Tribunal Tweets can live tweet the legal proceedings. 

I continue to be represented by Margaret Gribbon, Solicitor, and Naomi Cunningham (Counsel) has been instructed to represent me at the preliminary hearing.

I want to thank all of you once again for your support and continuing interest in my case. 

Kind Regards

Fiona

Update 1

Fiona Macdonald

Sept. 25, 2025

A thank you and update

I spent several hours last week with my Solicitor working on my detailed witness statement and production bundle for my case. I never realised how much detail and work goes into preparing for an employment tribunal claim and my Solicitor has given me lots of homework. I will continue to work on these essential preparations with my legal team over the coming weeks and will keep you all posted.  

 

You may all be interested to read my interview with Jill Foster which appeared in the Telegraph. The link is below. I would encourage you to share my interview and Crowdjustice page with friends and contacts who you believe may wish to support me in this pivotal legal claim.


In the meantime thank you for your pledges towards my 1st litigation costs and to everyone who has shared my case with family and friends.


https://www.telegraph.co.uk/news/2025/09/23/trade-unionist-rejected-trans-ideology/