Seven nurses from County Durham and Darlington NHS Foundation Trust have begun employment tribunal proceedings over their health trust's policy allowing a trans colleague to use female changing rooms. The nurses are challenging the trust's decision to permit Rose Henderson, who was born male but identifies as a woman, to use women's changing facilities at Darlington Memorial Hospital.
The nurses work in the day surgery unit and must travel to hospital in their own clothes, changing into uniforms upon arrival. They must also change out of uniforms when leaving for breaks during shifts.
Legal claims and allegations
The nurses have filed claims on grounds of sexual harassment, discrimination, victimisation and breaches of the right to a private life under Article 8 of the European Convention on Human Rights. Their legal documents claim that NHS guidance stated women objecting to sharing changing facilities with trans colleagues "will not be tolerated" and must find alternative locations to change.
The nurses claim that Rose Henderson has a girlfriend and that the couple hoped to conceive a child, implying that "he is a sexually active biological male". Their legal documents state the trust "permits any member of staff (regardless of sex and regardless of gender reassignment) to choose their 'gender identity' and to access a single-sex changing room on that basis".
The nurses allege that since August 2023, Rose Henderson has used the female changing area and stared at female colleagues "in particular their breast area" as they get changed. One claimant reported that Rose Henderson repeatedly asked: "Are you not getting changed yet?"
Impact and support
The nurses claim they have suffered anxiety and distress, feel unsafe at work and believe "their privacy and dignity have been violated". Bethany Hutchison, leading the group of seven claimants, said: "We are nurses who love our jobs and our patients and only want to be afforded the dignity of getting dressed and undressed for work without a man present."
Hutchison added: "I would like to remind everyone that we are doing this for the safety and dignity of every woman and girl across society and that we will continue to fight these unlawful policies." The nurses are receiving support from the Christian Legal Centre, with author JK Rowling also backing their case.
Tribunal proceedings
The hearing is expected to take more than three weeks and will be held at Newcastle Tribunal Centre. A spokesperson for the health trust said: "County Durham and Darlington NHS Foundation Trust is committed to providing safe, respectful and inclusive care for patients and working environment for all colleagues."
The trust added: "As this matter is the subject of ongoing employment tribunal proceedings it would not be appropriate for the trust to comment further while the case is active."
Sources used: "PA Media" Note: This article has been created with Artificial Intelligence (AI).
