A group of nurses from Darlington Memorial Hospital have secured a significant employment tribunal victory, with judges ruling they were harassed after being required to share female changing facilities with a transgender colleague. The ruling has intensified pressure on the Government, which the nurses accuse of "dragging their feet" on issuing long-awaited national guidance for single-sex spaces across Britain.
Tribunal Finds Harassment and Dignity Violated
The judgment, published on Friday 16 January 2026, found that eight members of the Day Surgery Unit suffered harassment which violated their dignity and created a "hostile, intimidating, humiliating and degrading environment". The case was brought against the County Durham and Darlington NHS Foundation Trust. It centred on the trust's decision to allow Rose Henderson, a colleague born male who identifies as a woman, to use the women's changing facilities.
Employment Judge Seamus Sweeney stated the trust subjected the claimants to harassment "by permitting the claimants’ biological male, trans woman colleague to use the female changing room and requiring the claimants to share that changing room without providing suitable alternative facilities." The tribunal also found the trust failed to take the nurses' concerns seriously, with some being told they needed "education on trans rights."
Nurses Speak of Vindication and Call for NHS-Wide Change
Lead claimant Nurse Bethany Hutchison described the ruling as a "massive vindication" and "a victory for common sense". She stated, "Allowing men to access female-only spaces simply because they claim to be women undermines truth and erodes common sense." Her colleague, Lisa Lockey, said the group hoped "the rest of the NHS follows suit... with making safe spaces for women."
The nurses detailed feeling they had "black marks" against their names for raising the issue, but said the judgment proved they "were in the right the whole time." Ms Hutchison added the experience was "not only degrading but dangerous." The tribunal, however, found that Rose Henderson had not personally harassed the claimants.
Mounting Pressure on Government and NHS Policy
The ruling is expected to ramp up pressure for consistent national policy. Nurse Hutchison expressed frustration at the Government's pace, stating it was "clearly dragging their feet and they need to pick up the pace" on implementing an updated code of practice from the Equality and Human Rights Commission (EHRC).
The draft code, which clarifies the provision of single-sex services under the Equality Act 2010 following an April Supreme Court ruling, was handed to ministers over four months ago. It requires ministerial approval and a 40-day parliamentary period before coming into force. Women and Equalities minister Bridget Phillipson has acknowledged the need for "clarity" but stressed balancing women's safe spaces with trans access to services.
The Christian Legal Centre, which supported the claim, said the ruling "exposes the extent to which the NHS hierarchy has been captured by extreme gender ideology." A spokesperson for the NHS trust said they were "reviewing the judgment carefully" before commenting further. The case follows a partial victory for nurse Sandie Peggie in a similar claim against NHS Fife in December 2023.
