Trans nurse allowed to use female changing rooms was trying to impregnate girlfriend at the same time, tribunal hears

The court heard the transgender nurse, who was allowed to use the women’s changing rooms, also tried to impregnate his girlfriend.

Allegedly, Rose Henderson asked an expecting colleague if she had “pregnancy breasts” and was wearing tight boxer shorts with holes, among other concerns as she walked around women.

Concerns were raised in 2023 when 26 nurses sent a letter to hospital administrators demanding their colleagues be banned from entering the room.

And today an employment tribunal heard Henderson told colleagues they were trying to get their girlfriend pregnant while they shared a changing area.

Jane Peveller, a part-time staff nurse at Darlington Memorial Hospital in County Durham, said in evidence that in early 2024 she and colleague Lisa Lockey were in the ‘eye suite’, an area where all eye patients arriving at the Day Surgery Unit were admitted.

He said: ‘We spoke to a member of the cinema team about Rose Henderson.

‘I don’t know the name or exact role of this member of staff, but during the discussion he told Lisa and me that Rose Henderson had informed the theater staff that he was trying to get his girlfriend pregnant.’

A letter sent to hospital administrators by concerned nurses shortly afterwards stated: ‘Rose Henderson has made no secret that she has stopped taking female hormones and is trying to inseminate her female partner.’

Seven nurses from Darlington Memorial Hospital arrive at landmark employment tribunal at Newcastle County Court

Ms Peveller told the court: ‘If this was true, it meant I would be changing in the presence of a sexually active biological male. I am happy that the information was accepted as correct. Why would my colleague lie to me?’

Simon Cheetham, KC, on behalf of the Trust, asked Rose Henderson if she had tried to confirm the information by asking whether it was true or just a rumour.

He replied: ‘No, I didn’t ask Rose Henderson about it.’

Another nurse, Vivienne Robinson, became concerned when Henderson talked about her breasts while she was pregnant.

Bethany Hutchison, the nurse who took the lead in raising concerns to hospital managers, told the court: ‘Vivienne told me that she had been in the changing room with Rose Henderson, whom she had never spoken to before, but knew that Rose Henderson identified as a ‘transgender woman’.

‘I understood that Vivienne said it was just the two of them in the dressing room. Vivienne said she was pregnant at the time and initially turned her back to Rose Henderson while in the dressing room, but then turned away.

According to Vivienne, Rose Henderson told her: “You don’t look that big from behind.”

‘Vivienne was shocked and made no reply. Rose Henderson then asked her: “Do you have those big breasts during pregnancy?”

Bethany Hutchison (center, pink) is the lead plaintiff among seven nurses who received a health care award alleging sexual discrimination and sexual harassment because nurse Rose Henderson, who was born male but identifies as female, was able to share women’s locker rooms.

Nurses said that although they raised concerns about Rose Henderson’s comments and demeanor, they felt their concerns were not taken seriously by management.

Ms Peveller told the court: ‘On 20 May 2024 I attended a meeting with Head of HR Tracy Atkinson. There were quite a few DSU nurses at the meeting, so I was hoping that management would understand that many people were unhappy with the situation.

‘I was happy to let Bethany Hutchison take the lead in explaining our concerns and asking questions on our behalf. My impression from the meeting was that Mrs. Atkinson did not take us very seriously.

‘For example, when we asked how she would feel if she had to change in front of a biological male, she said it wouldn’t bother her because she had been in the military before.

‘Then he started asking what we wanted, which was pretty simple. We explained that we wanted Rose Henderson to be provided with a gender-neutral locker room.

‘Ms Atkinson indicated that she would do something, but I did not get the impression that she would do anything urgently. ‘I felt this was wrong because the foundation had known about the situation for a long time and had done nothing about it.’

Carly Hoy, a group 3 healthcare assistant at the hospital, described the stress she felt when seeing Rose Henderson around in holey boxer shorts and claimed it caused anxiety that required medication.

He said: ‘Many times I have seen Rose Henderson wandering around the dressing room wearing nothing but very tight black boxers with holes all over them. I didn’t want to see it and didn’t pay too much attention, but it just caught your eye as you walked up and down the locker room because it was so conspicuous.

Karen Danson (pictured) had previously told the hearing that Henderson’s encounter in the dressing room triggered a flashback to the trauma of child sexual abuse.

‘I usually saw his side profile. It was hard to ignore, but I turned around as soon as I saw him.

‘I normally wear a dress instead of trousers, so to change into my uniform I have to strip down to my underwear, put on my tights and then put on my dress. It really bothered me that Rose Henderson was there. I won’t change in front of a biological man.

‘Rose Henderson just stood there and looked at you, waiting for you to change. When he came, I would either take my things from the closet and go to the toilet to change, or I would go out of the room, wait until they left, then go back in and change.

‘The problem was always that there was no time to wait. This made me feel extremely anxious and at times I was prescribed anxiety medication.’

She said she starts calling her mother or sister when she enters the locker room, and if Rose Henderson is there, she’ll make sure she stays on the phone while she changes.

Hospital managers claimed Rose Henderson was helping to ‘educate’ nurses who raised concerns, the court was told.

It was suggested that Rose could ‘broaden their mindset’ on trans issues and she was approached to speak to female colleagues.

Bethany Hutchison told the court: ‘Ward manager Claire Gregory told me that she had been told ‘the Trust was supporting Rose’ and that we, the 26 nurses who signed the letter, needed to be educated, broaden our mindset and be more inclusive.

To add insult to injury, Claire told me that Tracy Atkinson (human resources manager at the hospital) suggested that Rose Henderson should be the one to educate us, broaden our mindset and become more inclusive.

‘From what Claire told me, I understand that Rose Henderson was contacted by her managers prior to this meeting and that she agreed to ‘train’ us personally.

‘I remember this conversation with Claire very well because I was so saddened to hear the news from her. I realized that management would not support us and would simply label us as bigots, unreasonable, rude, and non-inclusive. ‘

Seven of 26 nurses brought an employment tribunal against County Durham and Darlington Foundation Trust (CDDFT) alleging sexual discrimination and sexual harassment.

They say the foundation’s position contradicts the Supreme Court’s decision in April this year, which found that the terms ‘woman’ and ‘gender’ in the Equality Act referred only to a biological woman and biological sex.

The court heard including Health Secretary Wes Streeting, Opposition Leader Kemi Badenoch, Harry Potter author JK Rowling, Olympic swimmer Sharron Davies OBE, businessman and philanthropist Duncan Bannatyne, women’s rights campaigner Maya Forstater and politicians Baroness Claire Fox, Miriam Cates MP, Rosie Duffield and Lord Toby Young.

Ms Hutchison told the hearing: ‘All these politicians have made clear their unreserved support for our demand to have a safe single-sex changing room in the workplace.’

The trial, which is expected to last a month, continues.