Darlington hospital violated trans complaint nurses’ dignity, tribunal rules

Hospital bosses violated the dignity of a group of female nurses who complained about a transgender woman using their changing rooms, an employment tribunal has found.

Eight nurses from Darlington Memorial Hospital allegedly they were “punished” by the rulers For objecting to Rose Henderson, a biological male who identifies as female, using the single-gender space.

County Durham and Darlington NHS Foundation Trust claimed nurses were “demonising” colleagues and that the policy was in line with guidance at the time.

In a partial victory for nurses, the employment panel said the trust created a “hostile environment” but other elements of their claims were unfounded.

Nurses said the decision was a “great vindication” and a “victory of common sense”.

The court, held in Newcastle in October and November, heard that surgery department practitioner Rose, who will be referred to by his first name during the hearings, had been using the dressing room since 2019.

The complaints were first made by female nurses at the day surgery unit (DSU) in August 2023.

The Foundation’s Workplace Transition policy allowed a person to use the single-gender space that matched their gender identity, and anyone who objected to that gender could change elsewhere.

About 26 nurses signed a letter complaining about Rose’s behavior and use of the locker room. Rose told court allegations including looking at women undressing were ‘false’.

The three-member panel, chaired by employment law judge Seamus Sweeney, said in its 134-page decision that the foundation harassed and discriminated against nurses by demanding that they share the changing room with a “biological male trans woman” and not taking their concerns seriously.

However, the panel rejected these claims, along with claims that the women were victimized, finding that the nurse’s allegations about Rose Henderson’s behavior in the locker room were “not well-founded”.

The decision said the trust’s policy had an “admirable and noble aim” but had the effect of “violating the dignity” of nurses and “creating a hostile, degrading and degrading environment for them”.

The panel said nurses “felt not really taken seriously” when they raised their concerns and were “essentially deceived by senior management and viewed as troublemakers”.

The decision said no one from management or the foundation’s HR department had “seriously considered” how its policies “might constitute a form of discrimination against female employees”.

The panel also concluded that the nurses were “correct in their belief” that management “failed to address the core issue,” namely that the women’s locker room was being used by a “biological male trans woman.”

Similarly, asking Rose to switch elsewhere was “never in the cards” for managers; The “hard numerical reality” was that approximately 300 women used the locker room and Rose was the only transgender person.

The board said it would be “reasonable and practicable” to require Rose to relocate.

Instead, a small room adjacent to the meeting room was converted into a locker room for those who complained.

The panel also said an HR manager told nurses to “expand their minds”, which “served to highlight to nurses that they were not being taken seriously” and “reinforced the feeling that they were being seen as transphobic or bigoted”.

Foundation’s policy was withdrawn following the incident Supreme Court decision The panel ruled that the legal definition of woman should be based on biological sex.

Speaking after the verdict was announced, nurse Bethany Hutchison said it was a “victory for common sense” and a “turning point”.

She said women deserved access to single-sex spaces “without fear or intimidation” and that the foundation’s policy was “degrading” and “dangerous”.

Ms Hutchison said she was “absolutely delighted” with the decision, which was “a great vindication” and that it “shows that we are always right”.

Her colleague Lisa Lockey said organizations needed to “listen to women”.

“We experienced such silencing that we were not allowed to complain, and thanks to our trust, we stepped on the gas,” he said.

She added that it made her feel like a “horrible person” for “having the courage to complain.”

A spokesperson for County Durham and Darlington NHS Foundation Trust said the organization was “taking time to review the decision” and would comment further “once we have had the opportunity to fully consider the decision”.

Rose has been reached for comment.