The Royal College of Nursing (RCN) has told County Durham and Darlington NHS Foundation (CDDNFT) Trust that it is breaking the law by failing to provide single-sex changing rooms for its female staff.
However, instead of acting on the guidance, the Director of Workforce at the Trust has since doubled down and republished a ‘Transitioning in the Workplace’ policy which continues to permit biological men who ‘identify’ as women to use the female changing rooms. The policy is believed to be used across the NHS and is inspired by Stonewall.
Supported by the Christian Legal Centre, the Darlington nurses have been locked in a legal battle with the Trust after without warning they were told they had to undress in front of a male colleague called ‘Rose.’
After raising concerns, the nurses were told they needed to be “re-educated”, “broaden their mindset”, “be more inclusive” and “compromise.” Rose offered to help “re-educate” the nurses on these matters.
After they went public with their legal case, the Trust put in a place what they described as a ‘temporary’ office for nurses to change in. The office had no lockers, opened onto a public corridor and the nurses have described it as “dehumanising” and “humiliating.”
RCN: “We expect Trust to comply”
On 24 March, the nurses met with the Leader of the Conservative Party, Kemi Badenoch, who committed to immediately writing to the RCN about their case.
Three days later, on 27 March, the RCN, who failed to represent the nurses in their dispute with the Trust, sent a letter to the Director of Workforce at CDDNFT, who is in charge of shaping all internal staff policies. The letter said: “Further to our calls and correspondence, I have recently been made aware of a provision in the Workplace (Health, Safety and Welfare) Regulations 1992 requiring the provision of single sex changing facilities for men and women – the only exception being where the provision is of single lockable rooms (not cubicles).
“Given the ongoing legal dispute and internal investigation, I thought I would share the above. The regulations also appear to have been over looked by other organisations.
“The RCN expects the Trust to comply with these statutory provisions and provide single sex changing rooms without delay. It would seem reasonable that that the alternative changing room provision that some women are currently using, would be the obvious choice for a gender neutral changing space.
“It is our understanding that the above provisions outweigh any local or national guidance regarding the issue.”
Instead, three working days after this letter was sent, the Director of Workforce at the Trust re-published the ‘Transitioning in the Workplace Policy’, without any changes to the guidance which says that a biological man can change in the female staff changing rooms.
The policy was re-published the day after the Trust controversially secured an adjournment in the case against the nurses until October 2025 after refusing to engage with the legal process and saying they needed more time.
Employment Judge Robertson sitting in Newcastle said the Trust had ‘failed’, that its actions were ‘wrong’ and had ‘subordinated [employment tribunal proceedings] to an independent investigation.’
Well over a month on, the Trust has still taken no action.
Following the Supreme Court ruling in the For Women Scotland, in response to media the Trust simply stated the court ruling would be “carefully considered when reviewing our policies”.
The ruling made it clear that men who identify as women do not qualify as women for the purposes of single-sex spaces or employment protections—even if they possess a Gender Recognition Certificate (GRC). It confirmed that when services or spaces are designated for women only, men cannot demand access—regardless of self-identification or legal documentation.
“A man continues to use the female changing rooms”
Darlington nurse and President of the Darlington Nursing Union, Bethany Hutchison, said: “We appreciate the letter from the Royal College of Nursing, but it has been a month now and there has been no sign of any action, quite the opposite in fact.
“We recognise how captured the NHS has been by extreme Stonewall policies, but unfortunately the law is the law. There can be no excuses for any further dragging of feet.
“We are still having to use what we were told 10 months ago would be a ‘temporary’ converted office to change in. A man continues to use the female staff changing room with impunity.
“Each day that passes with these policies in place adds to the damage and unlawful discrimination being inflicted on not just female staff in Darlington, but women across the UK.
“NHS Trusts cannot ignore the Supreme Court and clear direction from the Royal College of Nursing in the name of an extreme and discredited ideology.”
Andrea Williams, chief executive of the Christian Legal Centre which is supporting the nurses, said: “Single-sex changing rooms are not a matter of ideology but of law, safeguarding, and common sense.
“NHS Trusts must now revise policies that have prioritised gender identity over biological reality often at the expense of female staff and patients.
“Reinstating clear, single-sex provision in areas such as changing rooms, hospital wards, and other intimate spaces is not only lawful—it is necessary to maintain trust in our public institutions. It must now become an urgent priority.
“The NHS, following the Supreme Court ruling, must now recognise sex where it matters most: in ensuring privacy, dignity, and safety.
“Health Secretary Wes Streeting has told the nurses in person that he stands with them. If the NHS is willing to ignore the Supreme Court and the Royal College of Nursing, then he must act—urgently.”