Tribunal rules Darlington nurses experienced harassment, but claims against trans colleague dismissed

An employment tribunal has ruled the Darlington nurses who complained about a trans colleague using single-sex changing rooms experienced harassment from their NHS trust, but it dismissed harassment claims against the trans staff member.

The group of eight nurses at Darlington Memorial Hospital took County Durham and Darlington NHS Trust to an employment tribunal over their trans colleague, Rose Henderson, being able to use single-sex spaces, such as changing rooms.

Henderson had used the changing rooms since starting at the hospital as a student in 2019, but complaints were only raised by the nurses in 2023.

The tribunal found the women experienced harassment from their NHS trust with “effect of violating the dignity of the claimants and creating a hostile, intimidating, humiliating and degrading environment for them”.

However, the tribunal dismissed claims that Henderson personally harassed the nurses and also rejected the claim that the trust had victimised the claimants.

The judgement described complaints of indirect sex discrimination as “well founded and succeed” but said complaints about Henderson’s conduct both inside and outside the changing room were “not well founded and are dismissed”.

Employment judge Seamus Sweeney said in his ruling the NHS trust had “subjected the claimants to harassment related to sex and gender reassignment” by allowing Henderson to use the changing-room “without providing suitable alternative facilities”.

Judge Sweeney added the trust did not take the women’s concern’s seriously: “This included referring to the need for the claimants to be educated on trans rights and to broaden their mindsets, the later provision of inadequate and unsuitable changing facilities for those who objected to sharing the female changing room with that colleague.”

Henderson said the nurses engaged in “direct discrimination and harassment” towards her and this “has created an intimidating, hostile, degrading, humiliating and offensive environment, due to my protected characteristics”, while nurse Bethany Hutchison describe the ruling as a “victory for comment sense”.

“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,” she said following the judgement.

“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.”

In a statement, 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.”

The case supported by anti-LGBTQ+, anti-abortion Christian Concern

The Darlington nurses case was supported by the Christian Legal Centre, a Christian legal organisation which is a sister organisation of the evangelical Christian Concern, which described homosexuality as a “harmful sexual practice”, and marriage as “the union between one man and one woman”, while claiming that gender-affirming healthcare caused “lasting damage”.

The legal firm has previously supported various anti-LGBTQ+ cases, including that of a woman suing Camden Council over trans-flag-coloured zebra crossings, a mother taking her son’s primary school to court for holding a Pride event, and a school employee taking legal action after she was sacked sharing Facebook posts criticising LGBTQ+ inclusion.

Christian Concern has also threatened to sue Westminster City Council over its display of 300 Progress Pride flags on Regent Street to mark Pride month, accusing them of “indoctrinating Londoners” and “breaching planning control”.

The organisation was founded by Andrea Minichiello Williams, a barrister who is also the chief executive of Christian Concern.

In 2008 a Channel 4 documentary, entitled In God’s Name, highlighted how Williams opposes abortion and believes homosexuality a sin, while in 2018 she criticised the Church of England’s trans inclusion guidance by writing there was “no need for Christians to sacrifice truth in a misguided attempt to be loving”.

“It is not loving to mislead people – and wider society – into the falsehoods and myths of transgender ideology,” she wrote.

“The Bible, God’s revealed and perfect word, does not recognise post-modern gender theory. Neither does the official doctrine of the Church of England. It is time for bishops to teach faithfully on this issue and for the clergy to speak with love, compassion and truth.”

Commenting on the outcome of the Darlington nurses case, Williams said in a statement: “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.”