An employment tribunal has ruled that nurses at Darlington Memorial Hospital suffered harassment after being required to share changing rooms with a trans colleague born male. The ruling, published on Friday, found the situation created "a hostile, intimidating, humiliating and degrading environment" for the eight nurses. The decision has intensified pressure on the NHS and Government to establish clear policies on single-sex spaces.
The case centered on Rose Henderson, a trans colleague who was born male but identifies as a woman, using women's changing facilities at the Day Surgery Unit. The tribunal found this arrangement constituted indirect discrimination and harassment of the nursing staff.
Following the ruling, the Equality and Human Rights Commission warned employers to review their policies immediately. The EHRC spokesperson said: "Employers – especially those that offer changing facilities for their staff – should also be considering the issues raised in this ruling for their own policies and practices. This would include being aware of the kind of actions found to constitute indirect discrimination and harassment of staff in this particular case."
Government delays criticized
Nurse Bethany Hutchison, who led the claim, criticized the slow pace of policy changes. She told reporters the Government was "clearly dragging their feet and they need to pick up the pace." The NHS "cannot ignore this (issue) any longer," she said. "Allowing men to access female-only spaces simply because they claim to be women undermines truth and erodes common sense."
She described the situation as "quite frustrating," adding: "This is not a difficult thing to work out. It's pretty simple, and I think this ruling has shown that."
The EHRC submitted an updated code of practice to ministers more than four months ago, but it still awaits approval. The code would come into force 40 days after being laid in Parliament. The EHRC spokesperson said: "We hope that the updated code can be laid in Parliament without delay, so that statutory guidance is made available to those that need it as soon as it can be."
NHS awaits guidance
An NHS spokesman acknowledged the need for revised guidance on same-sex accommodation. "We are working through the implications of the Supreme Court ruling, and we absolutely recognise the need for revised guidance on same-sex accommodation as soon as possible," he said. "It's important that we wait for the Equality and Human Rights Commission to publish its statutory guidance following the Supreme Court's judgment before final decisions about future policy are taken."
The updated code follows a Supreme Court ruling in April that clarified the terms "woman" and "sex" in the 2010 Equality Act "refer to a biological woman and biological sex." The Government has been considering Britain-wide employer guidance since September. Minister for Women and Equalities Bridget Phillipson has acknowledged public desire for "clarity" on the subject.
The EHRC described its updated code as "both legally accurate and as clear as it is possible to be." While the tribunal ruling is not binding on other NHS trusts, it is expected to increase pressure for consistent policy across the health service.
Note: This article was created with Artificial Intelligence (AI).
