NHS Trust found to be 'violating the dignity' of nurses in transgender tribunal

A tribunal concerning the case brought by eight nurses against the County Durham and Darlington NHS Trust has issued its judgement. It found that the NHS Trust’s actions “violated the dignity” of the nurses and created “a hostile, humiliating and degrading environment.”

The eight nurses brought a complaint against County Durham and Darlington NHS Trust after an operating theatre practitioner, who was born male but identifies as female, used the female changing room at Darlington Memorial Hospital. They felt traumatised after sharing the space with someone who is biologically male, and accused the transgender colleague of staring at women getting changed.

After complaining to the NHS Trust, they felt that their complaint was ignored and subsequently faced indirect discrimination, harassment, and victimisation. The barrister for the NHS Trust claimed that the nurses had “demonised” their colleague.

The tribunal’s 134 page judgement found that sharing a changing room with a biological male “had the effect of violating the dignity of the Claimants” and created “a hostile, humiliating and degrading environment.” They also found that the NHS Trust failed to take seriously their complaints, adding to the “intimidating environment”. The tribunal ruled that the complaints about conduct against both parties were not well founded and so were dismissed.

Bethany Hutchinson, one of the nurses in the tribunal, said that the judgement was “victory for common sense and every woman who simply wants to feel safe at work". She said that “forcing us to undress in front of a man was not only degrading but dangerous” and “no woman should be forced to choose between her job and her safety”.

This judgement comes as the government faces criticism for delays in publishing guidance about the use of single-sex spaces, such as changing rooms. The women and equalities minister, Bridget Phillipson, has blamed the equalities watchdog for their “slow” response to government requests for the delay.

Andrea Williams, Chief Executive of the Christian Legal Centre, who supported the nurses, said: “Allowing a man into a female-only space because he claims to be a woman violates human dignity, common sense, the law of the land and biblical truth.”

County Durham and Darlington NHS Trust responded to the tribunal’s findings by saying: “We are taking time to review the judgment carefully and will comment further once we have had the opportunity to consider it in full.”