An NHS Trust has paid out £187,000 in compensation to a group of nurses who won a tribunal case over its policy to allow trans women in female changing rooms.

The nurses, who worked at County Durham and Darlington NHS Foundation Trust, won their harassment claim against their employer in January this year.

The panel ruled that the Trust had unlawfully discriminated against and harassed the nurses by requiring them to share female-only changing rooms with a biological male who identified as a woman.

The nurses, who raised concerns with management in July 2023, said they had been required, without warning or consultation, to share changing facilities with a biological male colleague who identifies as female and is known as “Rose.”

Seven nurses at Darlington Memorial Hospital – Bethany Hutchison, Lisa Lockey, Karen Danson, Tracy Hooper, Annice Grundy, Carly Hoy and Jane Peveller – will share the payout.

Their claim was supported by the Christian Legal Centre, which said that the compensation had been agreed after “extensive and at times deeply protracted negotiations”.

The sum does not include legal costs, which will be decided at a future hearing. Christian Care estimated the Trust’s own legal costs at £603,000.

As part of the settlement, the Trust formally apologised to the nurses. In a letter to each nurse, it said: “We recognise that we have a responsibility to provide a safe, respectful and inclusive working environment for everyone and the tribunal’s findings make clear that we did not get this right for you, for which the Trust expresses its sincere apologies.

“We also acknowledge that in our decision making, we did not adequately consider your concerns, formally or informally and we sincerely regret that we were unable to get this right.

“In light of the judgment, we have reviewed our policies and the changes that have already been put in place and will consider what facilities are required to follow the tribunal’s findings in a way that is respectful to all of our colleagues.”

“We know that this has been a difficult and distressing experience for you. We also recognise that, at times, your concerns were not fully heard or addressed in a timely or sensitive manner, and we regret the impact this had on you and colleagues who have been affected by this process and subsequent judgment.”

The Trust has also agreed to provide separate changing rooms, sanitary conveniences and washing facilities for men and women in accordance with its obligations under health and safety regulations.

In addition, it has withdrawn its policy known as “Transitioning in the workplace”, and any future policy that could affect the claimants’ right to single-sex changing, sanitary and washing facilities.

The Trust agreed to provide suitable training to its management staff “based on the lessons learned from the case and the tribunal judgment”, it added.

In a statement, Bethany Hutchison, president of the Darlington Nursing Union, said: “We have done this, not just for ourselves, but for our colleagues who were too afraid or unable to speak up, and for every woman and girl in the country.

“We raised our concerns because we believed something was seriously wrong, not just for us, but for the protection of all women in the NHS. Instead of being listened to, we were ignored, labelled, and subjected to pressure and intimidation.

“This outcome is a vindication of our stand for dignity, privacy, and common sense. We hope it ensures that no woman is ever again made to feel unsafe in her workplace for speaking the truth.”

Andrea Williams, chief executive of the Christian Legal Centre, added: “The law is clear: employers must protect the rights, dignity, and safety of their staff. This case sends a powerful message across the NHS and beyond that ideology cannot override those fundamental duties.”

“We call upon the health secretary to ensure that the law on single sex spaces is upheld and policies rolled out across the whole of the NHS to ensure this happens.

“We call upon the Trust to immediately ensure that all NMC disciplinary action against the Darlington nurses for bringing their case is immediately withdrawn.”

Future developments

The decision and remedy in the Darlington nurses case came in contrast to a similar case in Scotland of Sandie Peggie v Fife NHS Trust, where the tribunal dismissed her claims of discrimination.

Last year’s landmark decision by the Supreme Court in the For Women Scotland v Scottish Ministers, which ruled that the legal definition of a woman is based on biological sex, also supported the nurses’ case.

Christian Concern pointed out that, despite their successful tribunal claim, four of the nurses still face a professional misconduct probe from the Nursing and Midwifery Council.

In April, Conservative leader Kemi Badenoch called for the investigation to be dropped, saying: “It is clear, from the number of frontline nurses pursued for doing their jobs and subsequently vindicated in court, that the system is misfiring. The NMC, as the independent regulator, is responsible for ensuring it is put right.”

In May, the Equality and Human Rights Commission laid before parliament an updated code of practice for services, public functions and associations in light of the Supreme Court decision.

Parliament has up until 30 June to scrutinise the code. More than 150 MPs have signed an early day motion calling for the code to be rejected on the basis that it could put transgender people at increased risk of harassment or abuse.

 

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