NHS apologises to nurses who complained about trans colleague after tribunal ruling

An apology has been issued by health bosses to a group of nurses who complained about their trans colleague, after an employment tribunal ruled they experienced harassment at the hands of the trust.

Supported in their legal action by the anti-LGBTQ+, anti-abortion Christian Legal Centre, the eight nurses at Darlington Memorial Hospital took County Durham and Darlington NHS Trust to tribunal over their trans colleague, Rose Henderson, being able to use single-sex spaces at the hospital such as changing rooms.

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

Employment judge Seamus Sweeney ruled on Friday (16 January) the NHS trust had “subjected the claimants to harassment related to sex and gender reassignment” by allowing Henderson to use the space “without providing suitable alternative facilities”, which created “a hostile, intimidating, humiliating and degrading environment for them”.

However, claims that Henderson personally harassed the nurses and the trust had victimised them were both dismissed.

On Monday (19 January), County Durham and Darlington NHS Trust acknowledged the ruling and issued an apology to the nurses.

“We have a responsibility to provide a safe, respectful and inclusive working environment for everyone and the Tribunal’s findings make clear that we did not get this right for all our colleagues, for which we apologise,” the statement reads, as quoted by ITV.

“We acknowledge that in our decision making we did not adequately consider the concerns of a group of our colleagues.

“In light of the judgement, we will rapidly review our policies and the changes that have already been put in place and will consider what facilities are required to follow the tribunal’s findings in a way that is respectful to all our colleagues.

“We know that this has been a difficult and distressing experience for all those involved which we regret.

“We also recognise that the implications of the ruling will affect colleagues in different ways and we want to reaffirm our commitment to a supportive and respectful workplace for all colleagues from all backgrounds.”

During the tribunal’s hearings, Henderson claimed the nurses engaged in “direct discrimination and harassment” towards her, which had “created an intimidating, hostile, degrading, humiliating and offensive environment, due to my protected characteristics”.

In the wake of the ruling, nurse Bethany Hutchison – who led the claim – described it 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.

“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.”