The NHS in England has stated it 'absolutely recognises the need' for updated guidance on single-sex accommodation, following a landmark employment tribunal victory by a group of nurses from Darlington. The healthcare workers have accused the Government of 'dragging its feet' on implementing clear national rules.
Tribunal Rules in Favour of Nurses
An employment tribunal, in a ruling published on Friday 16 January 2026, found that eight members of the Day Surgery Unit at Darlington Memorial Hospital suffered harassment that violated their dignity. The tribunal stated the County Durham and Darlington NHS Foundation Trust created a 'hostile, intimidating, humiliating and degrading environment' for the women.
The case centred on the trust permitting a trans woman colleague, Rose Henderson, to use the female changing facilities. The nurses complained about sharing this single-sex space. In his ruling, employment judge Seamus Sweeney said the trust subjected the claimants to harassment 'by permitting the claimants’ biological male, trans woman colleague to use the female changing room' without providing suitable alternatives.
NHS Awaits National Guidance Amid Mounting Pressure
While acknowledging the urgency, an NHS spokesman said the service must wait for the Equality and Human Rights Commission (EHRC) to publish its statutory guidance before finalising policy. This follows an April Supreme Court ruling that the terms 'woman' and 'sex' in the 2010 Equality Act refer to biological sex.
Nurse Bethany Hutchison, who led the claim, described the Government's delay as 'quite frustrating'. She stated, 'They are clearly dragging their feet and they need to pick up the pace. This is not a difficult thing to work out.' The nurses argue the ruling is a 'victory for common sense' and sends a clear message that the NHS cannot ignore women's rights.
The tribunal's decision, though not legally binding on other NHS trusts, is expected to increase pressure for a consistent national approach. The nurses are urging trusts across the country to ensure single-sex spaces.
Broader Implications and Reactions
The judgment aligns with a recent partial victory for nurse Sandie Peggie in a similar case against NHS Fife. Ms Peggie said the Darlington ruling strengthened her determination to appeal her own case.
The Christian Legal Centre, which supported the nurses, claimed the ruling 'exposes the extent to which the NHS hierarchy has been captured by extreme gender ideology'. Women and equalities minister Bridget Phillipson has previously acknowledged the need for clarity but stressed a balance must be struck with trans people's access to services.
A spokesperson for County Durham and Darlington NHS Foundation Trust said they were 'taking time to review the judgment carefully'. The updated EHRC code of practice, which will guide organisations on single-sex services, requires ministerial approval and would come into force 40 days after being laid before Parliament.
