Eight nurses from Darlington have secured a landmark legal victory and are now demanding the government stops 'dragging its heels' over long-awaited national guidance for single-sex spaces within the National Health Service.
A Landmark Tribunal Ruling
In a significant employment tribunal decision, Judge Seamus Sweeney ruled that bosses at the County Durham and Darlington NHS Foundation Trust had 'violated the dignity' of the eight female claimants. The nurses successfully challenged the trust's policy that allowed a transgender woman, Rose Henderson, to use their female changing facilities.
The judge found that forcing the women to share the changing room created a 'hostile, humiliating and degrading environment' for them. He agreed with their allegations of discrimination and harassment by managers after they raised concerns about sharing the space with a biological male.
Pressure Mounts on Ministers
The explosive ruling has ripped apart the trust's transgender inclusion policy, accusing it of breaching the nurses' human rights. It has also piled considerable pressure on Equalities Minister Bridget Phillipson to accelerate the introduction of clear guidance on single-sex spaces for the NHS across England.
Nurse Bethany Hutchison stated: 'They're [the Government] clearly dragging their feet and they need to pick up the pace. This is not a difficult thing to work out. It's pretty simple, and I think this ruling has shown that.' She called the victory one for 'common sense' and for every woman wanting to feel safe at work.
The trust was criticised for not taking the nurses' concerns seriously when first raised in 2023. Instead of addressing the issue, the nurses were told they should undergo 'equality' and 'kindness' training and 'broaden their minds'.
Details of the Case and Wider Implications
Giving evidence, nurse Karen Danson described encountering Henderson in the changing rooms in September 2023 wearing nursing scrubs on top and tight, hole-ridden boxer shorts on the bottom, with facial hair present. The tribunal heard this contributed to the nurses' perception and fear for their dignity, bodily integrity, and privacy.
While the judge ruled Henderson did not directly victimise or harass the women, he stressed this did not diminish the claimants' 'very real and genuine perceptions'.
The case adds to the intense political debate. The Equality and Human Rights Commission submitted a new code of practice to the government in September, following a Supreme Court ruling that a woman should be defined by biological sex under equality law. However, this code is yet to be approved, with Ms Phillipson facing accusations of inventing 'procedural hurdles' to delay the guidance and avoid a political row.
The nurses received backing from prominent campaigners, including author JK Rowling, who congratulated the 'heroines'. Conservative MP Rebecca Paul urged the government to 'get a handle' on the issue.
The County Durham and Darlington NHS Foundation Trust said it is reviewing the judgment and will comment in full later. The Government's Office for Equality and Opportunity and NHS England did not respond to requests for comment.
