A landmark employment tribunal ruling has prompted a major warning to UK employers to urgently review their policies on single-sex spaces. The directive follows a case where nurses were found to have suffered harassment after sharing female changing facilities with a transgender colleague.
The Tribunal's Damning Findings
On Friday 17 January 2026, an employment tribunal published its ruling concerning eight nurses from the Day Surgery Unit at Darlington Memorial Hospital. The panel found that allowing a colleague, Rose Henderson – a transgender woman who was born male – to use the women's changing rooms had created "a hostile, intimidating, humiliating and degrading environment" for the staff.
The nurses, who brought a claim against the County Durham and Darlington NHS Foundation Trust, were judged to have suffered harassment that violated their dignity. The claimants, including Bethany Hutchison, Carly Hoy, and Karen Danson, spoke of their relief after the ruling.
Regulatory Response and Political Pressure
The Equality and Human Rights Commission (EHRC) swiftly responded to the judgement. A spokesperson stated that employers, particularly those providing changing facilities, must now consider the issues raised. "This would include being aware of the kind of actions found to constitute indirect discrimination and harassment of staff in this particular case," they advised.
The regulator has already updated its services code of practice, which it has submitted to the Minister for Women and Equalities, Bridget Phillipson, for approval. This draft code incorporates the Supreme Court's April ruling that the terms 'woman' and 'sex' in the 2010 Equality Act "refer to a biological woman and biological sex". However, the code requires ministerial sign-off and a 40-day parliamentary process before becoming statutory guidance.
Nurse Bethany Hutchison, who led the claim, expressed frustration at the delay, stating the Government was "clearly dragging their feet". She argued that "allowing men to access female-only spaces simply because they claim to be women undermines truth and erodes common sense".
NHS Awaits Guidance Amid Calls for Clarity
The NHS in England has acknowledged the pressing need to revise its policy on single-sex accommodation but says it must wait for the EHRC's final statutory guidance before acting. An NHS spokesman confirmed they are "working through the implications" of the Supreme Court judgement and aim to provide updated guidance for the health service as soon as possible.
While the tribunal ruling is not legally binding on other NHS trusts, it significantly increases pressure on the health service to establish a clear, consistent policy. It also ramps up demands on the Government to implement nationwide employer guidance, a process that has been under consideration since September.
Minister Bridget Phillipson recently noted the public desire for "clarity" on the subject, highlighting the need to balance safe spaces for women with trans people's access to necessary services. The outcome of this case and the impending guidance are set to define that balance for employers across the country.
