A landmark employment tribunal judgment is expected on Friday, 16 January 2026, concerning a high-profile dispute over transgender access to changing facilities within the NHS.
The Core of the Legal Challenge
Eight nurses from the Day Surgery Unit at Darlington Memorial Hospital brought a claim against the Durham and Darlington NHS Foundation Trust. The case centres on the Trust's decision to allow their colleague, Rose Henderson, a transgender woman, to use the women's changing rooms. The nurses, supported by the Christian Legal Centre, allege indirect discrimination, harassment, and victimisation.
Conflicting Accounts Presented to the Tribunal
During proceedings at the Civil and Family Courts and Tribunals Centre in Newcastle, the claimants gave evidence that included allegations Rose stared at colleagues, repeatedly asked one nurse why she was not getting changed, and walked around the room in boxer shorts. They contend that complaints they raised with the Trust in July 2023 were effectively "buried."
In her defence, Rose Henderson told the panel the portrayal of her by the claimants was inaccurate. She described the intense public scrutiny following the case as "upsetting," citing "hordes of people" posting online insults.
Broader Context and Precedent
This judgment follows a related case last month where nurse Sandy Peggie achieved a partial victory against NHS Fife. She had complained about being required to share changing facilities with a transgender doctor at Kirkcaldy's Victoria Hospital in December 2023.
The tribunal panel, which heard evidence from the nurses, the Trust, and Rose Henderson, adjourned in November to consider its findings. Its decision is now eagerly awaited and could set a significant precedent for workplace policies across the UK's public and private sectors regarding single-sex spaces and transgender inclusion.
