Press Release

Evidence from NHS EDI lead reveals nurses were called ‘cisgender’ and Trust knew policy was legally outdated

Shocking evidence presented at the ongoing hearing into the treatment of nurses at County Durham and Darlington NHS Foundation Trust has revealed a disturbing disregard for the rights of female staff in favour of gender ideology.

Jillian Bailey, Workforce Experience Manager at the Trust and former Equality, Diversity and Inclusion (EDI) lead, is at the centre of controversy following the disclosure of internal emails and policy documents that appear to prioritise the feelings of a transgender-identifying male colleague, “Rose,” over the privacy and dignity of female nurses.

In an email dated 28 September 2023, Bailey wrote:

“Essentially when weighing up the risks in this situation on one hand we have risking upsetting Rose which potentially could be illegal discrimination whereas the other staff that have complained the risk is for them feeling uncomfortable. Therefore on this basis I would recommend going back to the people that have complained and explaining that as an organisation we understand they may feel uncomfortable with the situation however we respect Rose’s right to identify as female and her choice to use the facilities that match her gender. You may wish to point out what other options are open to them to use such as the cubicles if they feel they want to have more privacy.”

She went on to recommend that the nurses be told to use cubicles if they wanted privacy, while affirming Rose’s right to access female changing rooms:

“The issue of challenge being is Rose spending her life as a woman and I am sure it could be argued either way but for all intents and purposes she is dressing and telling us she is living her life as a woman so we can only go from that and the staff who say she is being sexually active as a man don’t have any proof of that.”

In evidence, Bailey also admitted that she was providing this advice on the approach to the issue without having ever visited the female changing rooms in question.

In another email from 27 February 2024, Bailey referred to the nurses as “cisgender female colleagues” and framed their concerns as a matter of “complexity and sensitivity,” rather than safeguarding and legal rights.

Further evidence shows that Bailey admitted the Trust’s Transitioning in the Workplace policy, written by her, was outdated and not aligned with current case law.

In correspondence from May 2024, she acknowledged:

“I am very aware that our policy is in need of an update and agree some of the language is not consistent with case law in this area,” Bailey wrote.

A meeting note from 20 September 2023 records discussions about staff needing to “compromise” and “be tolerant” of a man in the women’s changing room.

Under cross-examination from Niazi Fetto KC, Mrs Bailey was asked if she had considered the nurses’ human rights to privacy under Article 8 of the European Convention on Human Rights.

Mrs Bailey was unable to answer this question.

Andrea Williams, Chief Executive of the Christian Legal Centre, which is supporting the nurses, has described the mindset of NHS policy-makers manifested in this case as as “deeply troubling”, and “revealing the madness at work at influencing the culture from top to bottom at the heart of the NHS with extreme transgender ideology, which overrides other freedoms and legal rights.”

The hearing continues.