Landmark NHS Tribunal Hears Claims of Fear and Distress in Changing Rooms
A landmark employment tribunal has heard that women are significantly more likely to experience 'fear and distress' if compelled to undress in front of a member of the opposite sex. The case centres on a claim brought by eight nurses against an NHS trust concerning a transgender colleague's access to female changing facilities.
Allegations of Harassment and a Panic Attack
The eight nurses are alleging sexual discrimination and sexual harassment against County Durham and Darlington NHS Foundation Trust. Their claim stems from the presence of Rose Henderson, an operating department practitioner who was born male but identifies as a woman, in the female changing rooms at Darlington Memorial Hospital.
One of the claimants, Karen Danson, provided emotional testimony, describing how she was left 'sobbing and shaking in a panic attack' after an encounter in August 2023. She told the tribunal in Newcastle-upon-Tyne that she found herself in the changing room with Henderson, who was standing behind her in boxer shorts. Ms Danson stated that Henderson 'looked masculine, had facial hair, and there was nothing... to suggest [Henderson] was anything other than a man.'
Expert Witness Presents Criminological Evidence
Professor Jo Phoenix, a criminologist from the University of Reading, submitted a 28-page expert report to the tribunal. In her report, she concluded that 'it can be inferred that women are likely to be more sensitive than men to undressing (partially) in a changing room in front of a member of the opposite sex.'
Professor Phoenix, who holds gender-critical views and believes 'sex is immutable', cited an 'extremely robust criminological evidence base'. She argued that women's heightened fear is a rational response grounded in the 'realities of the pervasive risk of male violence in women's lives'. These fears, she stated, are 'likely to be considerably heightened in the intimate setting of a changing room where women partially undress.'
The professor is no stranger to controversy surrounding gender issues. Last year, she won a claim for unfair dismissal against the Open University after colleagues criticised her views, with a judge ruling the abuse she endured amounted to harassment and victimisation.
Denials and Defence from the NHS Trust
The nurses' claim includes allegations that Henderson stared at colleagues in the changing rooms, repeatedly asked one why she was not getting changed, and walked around in boxer shorts.
However, Henderson has firmly denied these allegations. Giving evidence, she stated, 'I am not the individual [the claimants] have painted me to be.' She said she had been out as a trans woman since starting at the trust as a student in 2019 and that her colleagues were 'very accepting'. She specifically denied staring at colleagues, adding, 'I don't tend to look at anyone when I'm getting changed, or when they are getting changed.'
Andrew Thacker, the trust's director of workforce and organisational development, gave evidence on its behalf. He countered the image being presented, stating Henderson had not been 'threatening' and emphasising that 'Rose identifies as a woman.'
The nurses are bringing claims for sexual harassment, discrimination, victimisation, and breaches of the right to a private life under Article 8 of the European Convention on Human Rights. The tribunal will resume with closing submissions next week.
