A major NHS foundation trust has been found to have violated the dignity of eight female nurses by creating a hostile and degrading environment, an employment tribunal has ruled. The landmark case centred on the trust's handling of a transgender colleague's use of the women's changing facilities at Darlington Memorial Hospital.
A Policy Enforced Without Consultation
The tribunal heard that management at County Durham and Darlington NHS Foundation Trust simply accepted in late 2019 that a new hire, Rose Henderson, a biological male who identified as a woman and used 'they/them' pronouns, would use the women's changing rooms. This decision was made without any discussion, risk assessment, or consultation with Henderson's future colleagues.
The information came from Teesside University, where Henderson was a student operating department practitioner (ODP). Hospital bosses were told Henderson was 'transitioning' and should therefore use women's facilities. One manager even suggested it would be no different from having a 'large woman' in the room.
This casual acceptance later hardened into a fiercely enforced policy, underpinned by the trust's 'Transitioning in the Workplace' guidelines. This policy, finally approved in February 2019, stated staff could use toilets and changing rooms matching their gender identity from the moment they declared an intention to transition.
Nurses' Trauma and Management's Dismissal
Due to the Covid pandemic, the eight complainant nurses did not encounter Henderson until 2023. The tribunal heard powerful testimonies about the impact. Nurse Karen Danson, 46, described a panic attack after being in the changing room with Henderson, who she said looked masculine with facial hair. The experience reignited childhood trauma.
Another nurse, Vivienne Robinson, was left shocked when Henderson commented on her 'large pregnancy breasts'. Nurse Lisa Lockey said she saw Henderson looking at her as she changed. The women expressed profound discomfort at undressing in front of a biological male.
When concerns were raised, management's response was deemed inadequate and dismissive. Ward manager Claire Gregory suggested those uncomfortable needed to be 'educated' and have their minds broadened, even proposing Henderson could lead this education. Director of Workforce Andrew Thacker compared the situation to having 'anybody larger' in the changing room.
Nurses who objected were offered a small, unclean disused office to change in, which posed infection and security risks. A sign declaring the female changing room an 'INCLUSIVE CHANGING ROOM' was placed on the door.
A Landmark Legal Victory
After repeated inaction, the eight nurses – Carly Hoy, Karen Danson, Annice Grundy, Bethany Hutchison, Lisa Lockey, Jane Peveller, Tracey Hooper, and Vivienne Robinson – filed formal complaints. They argued the trust's actions breached the Equality Act, citing a 2023 Supreme Court ruling that 'man' and 'woman' in the Act refer to biological sex.
On Friday, the tribunal delivered a resounding victory, upholding their claims of sex-related harassment and indirect sex discrimination. The judge ruled the trust's imposition of the policy created a 'hostile, humiliating and degrading' environment for the women, violating their dignity.
This case sets a significant precedent for how workplace transgender policies are implemented within the NHS and other public sector bodies, highlighting the critical need for proper consultation and balancing of rights.
