Darlington trans medic used female changing room for years

A transgender hospital worker felt entitled to use a women-only facility at work, as she had done for years without any issue being raised, an employment tribunal heard.

Eight nurses are challenging County Durham and Darlington NHS Trust’s policy to allow a women-only changing room to be used by Rose Henderson, who identifies as biologically female.

Rose, a Darlington Memorial Hospital surgery practitioner who was named by name in court and uses female pronouns, also denied allegations that he gave “bad looks” to nurses who signed a letter objecting to his use and alleged behavior in the locker room.

The court continues.

The hearing in Newcastle heard Rose had completed a hospital placement since 2019 as part of training at Teesside University before starting full-time in 2022.

The court heard Rose undressed in the women-only room, which has been used by around 300 women since day one.

The nurses’ lawyer, Niazi Fetto KC, asked whether Rose had considered asking for a separate place to change, as other transgender colleagues had done in the past.

“No, I didn’t find it necessary,” Rose replied, adding that the use of the women’s locker room was “never brought up” by managers.

Mr Fetto asked whether Rose had ever considered whether using the dressing room posed a “risk” that other users would be upset, embarrassed or frightened by Rose being there.

“It never occurred to me that this could be a risk, no,” Rose said.

The court heard the complaints were first made by female nurses at the day surgical unit (DSU) in August or September 2023, while in March 2024 26 women signed a letter complaining about Rose’s use of the changing room and his behavior in it.

Mr. Fetto asked whether Rose continued to use the dressing room even after becoming aware of the “displeasure,” and Rose agreed.

“You think you have the right to use the locker room?” Mr. Fetto asked.

Rose replied: “Yes.”

Mr Fetto asked whether Rose had considered the “perspective” of those who had complained, and Rose said it was a matter of “wonder” as to why there had been “suddenly a problem” given that he had used the room for a number of years.

“I took their reasons into consideration, but not to a great extent,” Rose told the court.

The court noted that Rose only learned the full details of the complaint when they were printed and published in the media.

Mr. Fetto asked whether Rose would next consider attending DSU to “challenge” women and appear “above bigotry and hatred,” as Rose wrote in her statement to the court.

Rose said there are “numerous reasons” to attend the unit professionally.

While some nurses claimed Rose gave them “evil looks” or “sharp looks”, Rose denied this, telling the court she did not know who the nurses were.

“I’m not in the business of giving anyone bad looks or staring,” Rose said, adding that people can think whatever they want about him, but that doesn’t affect how he views his colleagues as “professionals.”

Bethany Hutchison, one of the head nurses, said Rose grinned at her as she walked down the hall and thought it was an attempt at intimidation.

Mr. Fetto asked Rose if she was “having fun” with nurse Bethany Hutchison.

Rose said she was talking to another colleague at the time about something they thought was funny, “but it wasn’t [Ms Hutchison’s] It’s a presence that I find entertaining”.

The court heard that after the fight, some of Rose’s colleagues put up a poster declaring the dressing room “inclusive”.

Rose saw a post about this circulating on social media and immediately contacted administrators, asking for the sign to be removed, saying that this was done with good intentions but did more harm than good.

Mr. Fetto asked if Rose knew who put up the poster.

Rose didn’t know for sure, but assumed it was done by a “small subset” of supportive theater colleagues who were frustrated at not being able to do anything to help.

The court heard the nurses’ allegations about Rose’s behavior in the locker room; Some claimed that Rose was walking around in boxer shorts and staring at women changing clothes.

Rose said the allegations were “false.”

One of the nurses, Karen Danson, told the court that Rose asked her three times if she would change. Miss Danson triggered flashbacks to childhood sexual abuse.

The court heard Rose did not know who Miss Danson was and could not remember any such incident.