NHS apologises after transgender row at Darlington Hospital

County Durham and Darlington NHS Foundation Trust confirmed it had reached an agreement with the nurses following further talks after the tribunal’s judgment.

As part of the agreement, the Trust is writing to the claimants to offer a formal apology, acknowledging the tribunal’s findings and the impact the case had on those involved.

Nurses (left to right) Carly Hoy, Lisa Lockey, Bethany Hutchison, Karen Danson, Annice Grundy and Jane Peveller (Image: Owen Humphreys)

The case centred on concerns raised by nurses at Darlington Memorial Hospital about sharing a women’s changing room with transgender colleague Rose Henderson.

The tribunal previously found the Trust had subjected the nurses to harassment by allowing Ms Henderson, who was born male but identifies as a woman, to use the female changing room without providing a suitable alternative.

However, the panel ruled Ms Henderson was not to blame for the situation.

The legal action was led by nurse Bethany Hutchison, with other claimants including Lisa Lockey, Annice Grundy and Tracey Hooper, Karen Danson, and Jane Peveller.

The County Durham and Darlington NHS Trust sign (Image: NORTHERN ECHO)

Seven nurses brought the tribunal after saying they had been told to “broaden” their mindset and undergo re-education about gender equality when they raised concerns.

Mrs Hutchison previously described the ruling as “a victory for common sense and for every woman who simply wants to feel safe at work”.

The tribunal issued its judgment in January this year and asked the Trust to work with the nurses to agree on a remedy.

Chief Executive of the Trust, Steve Russell, said: "We have accepted and respected the Tribunal's findings from the outset and have carefully considered what they mean for our organisation.

"We recognise that the approach taken should have been different, and we regret the impact this had on the colleagues involved. We have repeated our apology directly to those affected.

“Following the judgment, we issued updated guidance and developed unisex facilities to ensure that single sex facilities are used based on biological sex. Whilst this complies with the judgment, we want to further improve changing facilities for all colleagues. We also have to acknowledge the impact these changes have had on some of our other colleagues.

"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. We are also currently considering the recently updated EHRC guidance.”