Seven nurses who successfully sued County Durham and Darlington NHS Foundation Trust for allowing a trans-identifying male nurse to use female-only changing rooms still face the threat of disciplinary action, according to the nurses and their supporters. The trust has apologised and paid damages, but has not ruled out sanctions against the women who originally signed a letter of complaint in March 2024.
Background of the Case
The dispute began when the trust permitted a male nurse, Rose Henderson, to use single-sex female changing rooms in accordance with its transitioning in the workplace policy. In response, 26 nurses signed a letter of complaint. Seven of them—Bethany Hutchison, Lisa Lockey, Karen Danson, Tracy Hooper, Annice Grundy, Carly Hoy, and Jane Peveller—took legal action after the trust failed to address their concerns.
In January 2025, an employment tribunal ruled that the nurses had been subjected to unlawful discrimination, harassment, and victimisation. The trust subsequently paid a settlement of £187,833.58, issued a public apology, and agreed to scrap the policy that allowed male staff who identify as women to use female-only facilities.
Outstanding Grievance and Threat of Sanctions
Despite the tribunal outcome, nurse Rose Henderson has an outstanding grievance lodged against the 26 nurses who signed the original letter. This means the trust could still impose sanctions on the seven nurses who won the case. The Express twice asked the trust whether it had ruled out further action but received no answer.
Bethany Hutchison, a mother of two, told the Express: “After everything we have been through it is astonishing County Durham and Darlington NHS Foundation Trust is still refusing to rule out taking disciplinary action against us. The trust has apologised. It has paid damages. It has accepted our concerns were not properly heard. An employment tribunal found we were subjected to harassment and unlawful discrimination. Yet somehow, even now, the trust appears to be keeping open the possibility of punishing the very nurses who were vindicated.”
Impact on NHS Staff and Women’s Rights
The nurses fear that the trust’s actions send a chilling message to women across the NHS. Hutchison added: “We brought this case because we believed female nurses have the right to dignity, privacy and safety at work. We spoke publicly because women across the NHS were watching, and because many are too afraid to speak up themselves. If nurses can win in court, receive an apology, and still face the threat of disciplinary action for telling the truth about what happened to them, then what message does that send to women across the NHS?”
Separately, four of the nurses—Bethany Hutchison, Annice Grundy, Lisa Lockey, and Tracy Hooper—also face Nursing and Midwifery Council misconduct investigations. The nurses believe that vindictive NHS bosses are deliberately delaying proceedings despite the Supreme Court’s ruling last year that sex in law means biological sex.
EHRC Involvement and Calls for Clarity
The nurses are set to meet Dr Mary-Ann Stephenson, Chair of the Equality and Human Rights Commission, to discuss public sector workplace policies that continue to fail to respect sex-based protections. Dr Stephenson has been told that NHS staff experience “confusion, distress, and rights violations caused by inconsistent and, in many cases, unlawful policies operating across different trusts.” The EHRC has been urged to bring “clarity and reassurance” where chaos exists.
Andrea Williams, chief executive of the Christian Legal Centre which is representing the women, said: “This is not the behaviour of an institution that has learned lessons. It is the behaviour of an institution still determined to control, silence and punish women who dared to tell the truth. These nurses are not the wrongdoers. They are the victims of unlawful treatment. They had to fight their own employer for the most basic right to dignity, privacy and single-sex spaces at work, and they won. For the trust now to leave the threat of disciplinary action hanging over them is vindictive, chilling and completely unacceptable.”
Trust’s Performance and Regulatory Action
The Care Quality Commission now rates the trust as “inadequately well-led”. In December 2025, the regulator served a warning notice over concerns about governance systems, management of identified risk, and processes for learning from incidents and complaints. The trust, which employs more than 7,500 people, was downgraded earlier this month.
In response to the tribunal judgment, the trust stated: “Following the judgment we issued updated guidance to colleagues confirming that single-sex changing facilities are provided and used on the basis of biological sex. Where practicable, we have also introduced additional single-occupancy changing facilities which can be used by any colleague. We recognise that our facilities can continue to be improved and remain committed to reviewing them. We are also ensuring that the learning from this case is reflected in our guidance, training and policies, while keeping national guidance under review.”
