The NHS in England has publicly stated it recognises an urgent need to update its guidance on single-sex accommodation, following a landmark employment tribunal victory by a group of nurses from Darlington. The healthcare workers successfully argued that being compelled to share female changing facilities with a transgender colleague created a hostile and degrading environment.
Landmark Tribunal Ruling Backs Nurses' Concerns
Eight members of the Day Surgery Unit at Darlington Memorial Hospital brought a claim against the County Durham and Darlington NHS Foundation Trust. The case centred on the trust's decision to allow a colleague, Rose Henderson – a trans woman who was born male – to use the women's changing facilities.
In a ruling published on Friday, 17th January 2026, employment judge Seamus Sweeney found the trust had subjected the claimants to harassment related to sex and gender reassignment. The judgment stated the policy violated the nurses' dignity and created a hostile, intimidating, humiliating and degrading environment for them.
Nurse Bethany Hutchison, who led the claim, hailed the decision as a victory for common sense and for every woman who wants to feel safe at work. She stated the ruling sends a clear message that the NHS cannot ignore women's rights in the name of ideology.
NHS Awaits EHRC Guidance Amid Calls for Immediate Action
While acknowledging the need for revised guidance, an NHS spokesperson said the service must wait for the Equality and Human Rights Commission (EHRC) to publish its new statutory code of practice. This follows an April Supreme Court ruling that the terms 'woman' and 'sex' in the 2010 Equality Act refer to biological sex.
The draft EHRC code, described as legally sound, was handed to ministers over four months ago but requires government approval. It would only come into force 40 days after being laid before Parliament. The nurses have accused the Government of dragging its feet on the issue, a charge echoed by Ms Hutchison who called the delay frustrating.
Women and Equalities Minister Bridget Phillipson has acknowledged public demand for clarity but said a balance must be struck between safe spaces for women and trans people's access to services.
Ruling Sets Precedent and Increases Pressure for National Policy
Although the tribunal ruling is not legally binding on other NHS trusts, it is expected to significantly increase pressure for a clear and consistent national policy. The nurses have urged trusts across the country to ensure single-sex spaces, warning that the current local decision-making approach is failing staff.
The tribunal concluded the trust's policy put women at a particular disadvantage compared to men, as women are more likely to experience fear or distress at the prospect of changing in front of a member of the opposite sex. The judgment also found the trust infringed the claimants' right to respect for private life under Article 8 of the European Convention on Human Rights.
In response, a spokesperson for the County Durham and Darlington NHS Foundation Trust said they were taking time to review the judgment carefully before commenting further. A Department of Health and Social Care spokesperson reiterated the Government's support for the protection of single-sex spaces based on biological sex.
This case follows a partial victory last month for nurse Sandie Peggie in a similar claim against NHS Fife. Ms Peggie said the Darlington ruling strengthened her determination to appeal her own case.
