The Darlington Nursing Union has urged Health Secretary Wes Streeting to issue a formal guidance to NHS Trusts to ensure that changing rooms, showers or toilets may only be shared based on biological sex, not self-declared gender identity.
The union has been started by the group of nurses at Darlington Memorial Hospital after being infamously victimised by their bosses for complaining of harassment in their female changing room by a biological male who identifies as a woman.
The policy proposals was requested by Mr Streeting following a meeting he had with the leaders of Darlington Nursing Union on 24 October. The meeting followed a statement he made in the lead up to the General Election in June when he said on X/Twitter that he supported the nurses and was ‘horrified’ by their case.
At the meeting Mr Streeting said he was committed to the fact that sex is biological being reflected in the day-to-day running of the NHS under his watch.
He said during the meeting: ‘something has gone wrong’ in our society on these issues and that: ‘we’ve got to deal with this.’ Mr Streeting assured the nurses he was working with the NHS leadership to develop a policy to protect single-sex safe spaces and asked the Darlington Nursing Union to submit their own policy proposals.
In response to that invitation, the nurses have now unveiled a draft Guidance they have submitted for the Health Secretary’s approval before it is formally issued to the NHS Trusts.
The nurses say that the proposed guidance provides a fair and manageable way forward to protect safe single-sex spaces for all NHS staff in line with the equality law, and also respects the rights of those with the protected characteristic of ‘gender reassignment’, legally known as of ‘transexuals’.
Struggling for women’s dignity
Mr Streeting publicly sided with the nurses after they launched legal action, which is being supported by the Christian Legal Centre, against County Durham and Darlington NHS Trust after being forced to undress and share a changing room, without warning or consultation, with a male member of staff who ‘identifies’ as a woman called ‘Rose’.
Rose, who presents as a male, has openly said he is trying to get his girlfriend pregnant and is not taking female hormones.
Before taking legal action, the nurses who work at Darlington Memorial Hospital, were repeatedly ignored by HR despite raising concerns that female colleagues, who have been abused as children, were having panic attacks due to having to get changed in front of a man.
The policy at the Trust, however, states that a male member of staff who merely ‘identifies’ as a woman can use female changing facilities.
Therefore, instead of being supported, nurses were told they needed to be ‘re-educated’ ‘broaden their mindset’ and be ‘more inclusive.’
The need for urgent guidance has become even more apparent after the President of Unison, Steve North, last week accused Mr Streeting of ‘pandering to anti-trans bigotry’ by meeting the nurses.
The remarks, which were slammed by J.K. Rowling, perfectly captured, however, what the nurses are facing and why they have faced no alternative but to start their own Union – the Darlington Nursing Union (DNU), which is committed to defending the rights and dignity of women in the workplace.
The draft guidance
The draft guidance, which the nurses have sent to Mr Streeting this week, states that its purpose is: ‘to assist the NHS Trusts to navigate difficulties which may arise at workplaces across the NHS in making arrangements to provide single-sex safe spaces such as changing rooms, toilets, showers, etc., so as to comply with the legal requirements under the Equality Act 2010 and protect the rights, dignity and welfare of all NHS staff.’
It recognises that the: ‘Conditions and available resources will vary widely between NHS Trusts and specific places of work’, but that ‘this guidance outlines the minimal principles and requirements of the law and good practice.’
It states that: ‘All members of staff have a right to respect for their private and family life. Denying a member of staff a basic level of privacy for such everyday activities as changing clothes, using toilets or showers is likely to be a violation of Article 8 of the European Convention on Human Rights.’
Outlining that under the Equality Act 2010, there is ‘no hierarchy’ between the nine protected characteristics, which include, it recognises, however, that the protected characteristics of ‘sex’ and ‘gender reassignment’ are the two most likely characteristics to come into conflict on these issues.
Making clear that NHS Trusts are subject to the Public Sector Equality duty, it says that: ‘Some people believe that they have a ‘gender identity’ which is distinct from, and overrides, their biological sex as a man or a woman. There are people who identify as members of the opposite sex or as non-binary, gender-neutral, gender fluid or other identities. Such subjective ‘gender identity’ is not to be confused with either sex or gender reassignment.’
‘Gender identity not recognised by law’
Recognising that: ‘People’s genuine feelings about their identity must always be treated with respect and sensitivity’, regarding the law it says: ‘However, ‘gender identity’ is not a protected characteristic recognised by the law, and compliance with the legal requirements in relation to biological sex and in relation to gender reassignment must always take priority.’
It says that single sex spaces are not places for interaction and should not be expected to be ‘inclusive.’
Regarding NHS changing room space for transexuals, it outlines the following guidance:
‘In all cases of gender reassignment, it will be inappropriate (and likely unlawful) to require the transsexual member of staff to use private spaces shared either with men or with women.
‘Therefore, in all cases of gender reassignment, providing individual private spaces should be the norm.
‘It may be permissible for more than one person to use the same space as their individual private space at different times, provided that it does not have to be shared at the same time.
‘Offering individual private spaces to members of staff means treating them more favourably than requiring them to share such spaces with others. Therefore, providing individual private spaces for use by transsexual members of staff does not amount to discrimination or harassment on the grounds of gender reassignment.’
‘Sharing private spaces may only take place between persons of the same biological sex. Having to share changing rooms, toilets or showers with members of the opposite sex is likely to amount to sex-related harassment and thus a breach of the Equality Act 2010.’
‘This is the way forward’
Launching the policy, Darlington nurse and President of the DNU, Bethany Hutchison, said: “We were encouraged by the meeting with Mr Streeting, and believe that as frontline NHS nurses directly impacted by these issues, we are well placed to help the government find the right way forward for everyone.
“The guidance exposes how our Trust’s policy on these issues is unlawful. ‘Gender identity’ is not a protected characteristic and we should simply not be forced to get undressed in front of a man. We continue to be astonished at how our rights on this issue continue to be breached and discriminated against.
“From the beginning we have said clearly that this is about protecting women’s spaces. We are not ‘transphobic’ and this policy provides a sensitive way forward to give transexuals private space to change without impacting the dignity and rights of women.
“This provides a common sense and lawful way forward that protects women across the NHS. We hope it can set a precedent for all public services and workplaces in the UK.”
Clarity on the law
Andrea Williams, chief executive of the Christian Legal Centre, said: “The Darlington Nursing Union (DNU) and this guidance provides a new vision and voice for truth, equity and justice. The DNU will demonstrate what it really means to be tolerant, kind, and fair on these issues in the workplace.
“The nurses are down to earth, full of common sense and the guidance they are proposing reflects reality. We hope Wes Streeting will adopt it.
“This guidance provides clarity on the law on single-sex spaces in the workplace and gives a fair and concrete way forward that will protect women working in the NHS.
“Legislating to protect and promote ‘gender identity’ places women at risk. A new policy is urgently needed which reflects biological truth, upholds sex as a protected characteristic and does not put women in vulnerable positions at work.
“The Darlington nurses have been placed in an untenable position and faced no alternative but to start their own Union. Unison, Unite and GMB have been completely captured by transgender ideology to the point they can no longer represent and support the majority of their members.”
