Darlington trans row changing room nurses did suffer harassment

In its judgment, the tribunal found that Rose Henderson, who was born male but identifies as a woman, had not harassed or victimised the claimants, and had done nothing wrong.

But the tribunal found that County Durham and Darlington NHS Foundation Trust had subjected the nurses to harassment by allowing a trans colleague to use a female changing room without providing a suitable alternative.

The nurses challenged the trust's policy of allowing a female-only changing room to be used by Ms Henderson, a biological male who identifies as a woman.

The tribunal found the trust did not take their concerns seriously and it had said claimants needed “to be educated on trans rights and to broaden their mindsets”.

In its judgment, the panel said: “The above conduct had the effect of violating the dignity of the claimants and creating a hostile, intimidating, humiliating and degrading environment for them.”

The Darlington nurses’ claim was supported by the Christian Legal Centre whose chief executive Andrea Williams, said: “This judgment exposes the extent to which the NHS hierarchy has been captured by extreme gender ideology and its willingness to sacrifice women’s safety and dignity in order to uphold it.

“Allowing a man into a female-only space because he claims to be a woman violates human dignity, common sense, the law of the land and biblical truth.

“The NHS and the Government should now give up their sabotage of clear judicial decisions and abide by the law which acknowledges that men are men and women are women.”

Darlington nurse Bethany Hutchison led the claim against County Durham and Darlington NHS Foundation Trust over its policy of allowing a transgender colleague to use female changing rooms.

After the tribunal judgment in Newcastle, she said: “This is a victory for common sense and for every woman who simply wants to feel safe at work.

“Women deserve access to single-sex spaces without fear or intimidation.

“Forcing us to undress in front of a man was not only degrading but dangerous.

“Today’s ruling sends a clear message: the NHS cannot ignore women’s rights in the name of ideology.

“We stood up because we knew this was wrong. No woman should be forced to choose between her job and her safety.

“This ruling is a turning point, and we will keep fighting until every woman in the NHS is guaranteed the dignity and protection she deserves.”

The Employment Tribunal concluded that Rose Henderson had not personally engaged in conduct that amounted to harassment.

The nurses had claimed that their colleague had acted inappropriately in the changing room when she spent longer than necessary getting ready.

However, the panel found in favour of the nurses when it came to the behaviour of the trust following them raising concerns with serious management.

The panel said: “The Trust subjected the claimants to harassment related to sex and gender reassignment 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 Trust subjected the claimants to harassment related to sex and gender reassignment by not taking seriously and declining to address the Claimants’ concerns regarding the use of the female changing room by a biological male, trans woman colleague. This included referring to the need for the claimants to be educated on trans rights and to broaden their mindsets."

The Tribunal also upheld the complaint of indirect sex discrimination.

The trust had always maintained that they had followed their own protocols and are reviewing the tribunal's findings.

A spokesperson for County Durham and Darlington NHS Foundation Trust said: "We are taking time to review the judgement carefully and will comment further once we have had the opportunity to consider it in full."