The County Durham and Darlington NHS Foundation Trust has formally apologised to seven nurses from Darlington Memorial Hospital after an employment tribunal found that allowing a transgender colleague to use women's single-sex changing rooms created a hostile and degrading environment. The trust acknowledged it did not adequately consider the nurses' concerns and has agreed to pay £187,000 in damages.
Background of the Case
The nurses, who work in the Day Surgery Unit, brought a claim against the trust after Rose Henderson, who was born male but identifies as a woman, was permitted to use the women's changing facilities. In January's employment tribunal, the panel ruled that sharing the changing rooms with Henderson created 'a hostile, intimidating, humiliating, and degrading environment' for the female staff.
The trust has since issued updated guidance and developed unisex facilities to ensure that single-sex facilities are used based on biological sex, in compliance with the judgment.
Apology and Compensation
As part of an agreement, the trust issued a formal apology to each of the seven nurses. According to the Christian Legal Centre (CLC), which supported the women, the apology stated: 'We recognise that we have a responsibility to provide a safe, respectful and inclusive working environment for everyone and the tribunal’s findings make clear that we did not get this right for you, for which the Trust expresses its sincere apologies.'
The trust also acknowledged: 'We did not adequately consider your concerns, formally or informally and we sincerely regret that we were unable to get this right. We know that this has been a difficult and distressing experience for you.'
The CLC confirmed that the agreement includes £187,000 in damages, with legal costs to be decided at a separate hearing. The trust is reported to have incurred over £600,000 in its own legal costs.
Nurses' Response
Lead claimant Bethany Hutchison said: 'We have done this, not just for ourselves, but for our colleagues who were too afraid or unable to speak, and for every woman and girl in the country.' She added: 'This outcome is a vindication of our stand for dignity, privacy, and common sense. We hope it ensures that no woman is ever again made to feel unsafe in her workplace for speaking the truth.'
Trust's Commitment
Trust chief executive Steve Russell stated: 'Following the judgment, we issued updated guidance and developed unisex facilities to ensure that single sex facilities are used based on biological sex.' He added: 'Our focus now is on moving forward, continuing to support our colleagues and ensuring our policies, facilities and practices reflect both our legal responsibilities and our commitment to providing an inclusive workplace for everyone.'
The tribunal found that Henderson had not personally harassed or victimised the claimants, but the environment created by the trust's policy was deemed unlawful.
