NHS Trust confirms policy changes after tribunal – but one thing remains unclear for trans staff

An NHS Trust ruled to have harassed nurses who complained about a trans colleague using a female changing room is reviewing its policies and adding more single-occupancy facilities, but has failed to confirm whether trans staff may continue using single-sex spaces unchallenged during the audit.

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

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

Earlier this month, the judgement in the case set out that the nurses had experienced harassment from their NHS Trust with the “effect of violating the dignity of the claimants and creating a hostile, intimidating, humiliating and degrading environment for them”. However, claims Henderson personally harassed the nurses were dismissed, alongside the claim that the Trust had victimised the claimants.

The outcome of the tribunal is one of the first following the controversial UK Supreme Court judgement issued in April 2025 in the case of For Women Scotland vs Scottish Ministers, which decided the protected characteristic of “sex” for the purposes of the 2010 Equality Act means “biological sex” only and does not include trans people.

The court ruling is being used as a sledgehammer by which to issue blanket bans against trans people in single-sex spaces, with organisations such as Girlguiding no longer allowing transgender members.

Following the outcome of the tribunal, PinkNews approached the NHS Trust to clarify if any polices were going to be changed in regards to access to single-sex spaces for trans staff members.

A spokesperson for County Durham and Darlington NHS Foundation Trust said: “Following the Employment Tribunal’s judgement, we are continuing to review our policies, including our Transitioning in the Workplace policy, and our facilities to consider what changes are needed.

“As part of this work, we have begun identifying and making available single occupancy changing facilities across our sites as an interim measure, while a wider audit of staff facilities continues and longer-term options are assessed.

“This work is ongoing and will be informed by engagement with colleagues and our staff network groups, as well as estates considerations.”

The spokesperson added that the Trust recognises “colleagues may experience this period of change differently” and it is “committed to supporting staff, listening carefully and taking a thoughtful approach as we work through the implications of the judgement”.

“We want to provide a safe, respectful and inclusive working environment for everyone and we will continue to communicate as this work progresses,” they added.

Following this, PinkNews asked whether, while the Trust’s policies are being reviewed, its old ones will remain unchanged and therefore trans staff can continue to use single-sex spaces.

We asked: If a trans person wants to use a single-sex space, such as a male or female changing room, as opposed to a single occupancy space, would they continue to be entitled to do so until such a time that a policy may stipulate this is not allowed?

After two follow-up emails, the response we received reads: “We will be putting some interim arrangements in place while the wider policy work is undertaken. We are just working through finalising these to share with colleagues across the Trust.”

There is no indication of when this information will be available to staff.