Tribunal rules that nurses who changed with trans colleague suffered harassment

A group of nurses who complained about a trans colleague using single-sex changing rooms suffered harassment, an employment tribunal has ruled.

Eight members of the Day Surgery Unit at Darlington Memorial Hospital brought a claim against County Durham and Darlington NHS Foundation Trust after Rose Henderson, who identifies as a woman, was allowed to use the women’s changing facilities.

In a judgment handed down to the parties on Friday, Employment Judge Seamus Sweeney said: “The trust subjected the claimants to harassment related to sex and gender reassignment by permitting the claimants’ biological male, trans woman colleague to use the female changing room and requiring the claimants to share that changing room without providing suitable alternative facilities.”

The ruling said the trust also subjected the nurses to harassment by not taking their concerns seriously and: “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.”

Judge Sweeney said: “The above conduct had the effect of violating the dignity of the claimants and creating a hostile, intimidating, humiliating and degrading environment for them.”

The tribunal hearings in Newcastle last year heard evidence from the nurses, the trust and Rose before the panel adjourned the proceedings in November to consider its findings.

Darlington nurse Bethany Hutchison led the claim against County Durham and Darlington NHS Foundation Trust over its policy of allowing a transgender colleague to use female changing rooms.