A group of nurses in North East England has secured a landmark legal victory against their NHS trust, in a case hailed as a major win for the protection of single-sex spaces. The ruling has been celebrated by campaigners and has intensified pressure on the Scottish Government over its own policies.
A Victory for Common Sense and Dignity
An employment tribunal in Newcastle has ruled that County Durham and Darlington NHS Foundation Trust harassed and indirectly discriminated against eight nurses by allowing a biologically male colleague, Rose Henderson, to use the female changing facilities at Darlington Memorial Hospital's Day Surgery Unit. The tribunal, presided over by Employment Judge Seamus Sweeney, found the policy "violated the dignity" of the female staff and created a "hostile, humiliating and degrading environment".
The judgment, handed down on Friday, stated the trust's conduct amounted to both harassment and indirect sex discrimination. The nurses, who had brought claims for harassment, victimisation, and discrimination, argued that being forced to undress in front of a man was degrading and made them feel unsafe.
Reactions and Ripples Across the Border
The successful claim has been warmly welcomed by Scottish nurse Sandie Peggie, who herself won a partial tribunal victory against NHS Fife in December 2023 over a similar issue involving Dr Beth Upton. The 52-year-old A&E nurse said she was "overjoyed" by the Darlington ruling, which has strengthened her resolve to appeal aspects of her own case.
"I am grateful to the Darlington Nurses for the courage they have shown," Mrs Peggie stated. The ruling has also heaped political pressure on Scotland's First Minister, John Swinney, to implement a Supreme Court ruling and halt the placement of biological men in women-only spaces, including prisons.
MSP Tess White, the Scottish Conservatives' equalities spokesman, said the case underlined the need for the SNP government to ditch its "reckless gender self-ID policy" or face potential compensation payouts. Campaign group For Women Scotland warned the Scottish Government that its refusal to implement the Supreme Court ruling would prove a "costly mistake".
The Nurses' Stand and a Clear Message
Lead claimant Bethany Hutchison declared the outcome a "victory for common sense and for every woman who simply wants to feel safe at work." She emphasised that women deserve access to single-sex spaces without fear, adding that "forcing us to undress in front of a man was not only degrading but dangerous."
The tribunal heard that when the nurses initially raised concerns in 2023, the trust did not take them seriously, instead suggesting they undergo 'equality' and 'kindness' training. Fellow nurse Lisa Lockey expressed hope that the rest of the NHS would take note of the ruling. The nurses' cause had been publicly backed by author JK Rowling, who congratulated the "heroines" on X, stating: "Women have the right not to undress in front of men at work."
The tribunal noted that Rose Henderson had not personally harassed the claimants. A spokesman for the NHS trust said it was reviewing the judgment. A Scottish Government spokesman reiterated that it accepted the Supreme Court judgment and was ensuring all policies complied with its legal obligations, with the matter of prison guidance now before the courts.
