An employment tribunal has delivered a landmark ruling, finding that a National Health Service trust unlawfully harassed female nurses by requiring them to share changing facilities with a transgender colleague.
Darlington Nurses Secure Legal Victory
The case was brought by eight nurses from the Day Surgery Unit at Darlington Memorial Hospital. They took legal action against the County Durham and Darlington NHS Foundation Trust after Rose Henderson, a colleague who was born male but identifies as a woman, was permitted to use the women's changing facilities.
In a judgment delivered on Friday 16 January 2026, the Newcastle employment tribunal ruled that the nurses had suffered harassment. The tribunal found the trust's policy violated their dignity and created what was described as "a hostile, intimidating, humiliating and degrading environment for them."
Boost for Scottish Nurse's Separate Case
The ruling has significantly bolstered the resolve of Scottish nurse Sandie Peggie, who is pursuing a similar case. Ms Peggie, who was suspended by NHS Fife after raising concerns, described herself as "overjoyed" by the Darlington verdict.
She had complained about sharing a changing room with transgender medic Dr Beth Upton at Victoria Hospital in Kirkcaldy on Christmas Eve 2023. While she secured a partial victory in her own employment tribunal last year, with harassment claims upheld, other allegations were dismissed.
Ms Peggie has now vowed to continue with an appeal, stating the Darlington outcome has strengthened her determination. She praised the courage of the English nurses and stated the ruling clearly shows that "an employer does unlawfully harass female employees by requiring them to share changing rooms with biological males."
NHS Trust Reviews Judgment
In response to the tribunal's decision, a spokesperson for County Durham and Darlington NHS Foundation Trust said: "We are taking time to review the judgment carefully and will comment further once we have had the opportunity to consider it in full."
The case highlights the ongoing and complex tensions within the NHS and other workplaces regarding single-sex spaces, equality law, and the rights of transgender individuals versus those of biological women. It sets a notable legal precedent for similar disputes across the country.
