Trial to begin after NHS allows man who identifies as a woman to access female changing room and ask abuse survivor: ‘Are you getting changed yet?’
14 October 2025 Issued by: Christian ConcernHearing details
When: Evidence will begin from 10.00am Wednesday 22 October, with the hearing expected to last until Friday 14 November. October 20-21 are reading days.
Where: Newcastle Employment Tribunal, Newcastle Civil Family Courts and Tribunal Centre, Barras Bridge, Newcastle upon Tyne, NE1 8QF
Remote access: contact newcastleet@Justice.gov.uk citing Hutchison v County Durham and Darlington NHS Foundation Trust, with case number: Case 2501192/2024 . Court has said remote access applications must be received by end of October 17.
Interviews with nurses: please contact tom.allen@christianconcern.com / 07974304620
Next week, the Darlington nurses’ extraordinary legal case and journey, which has seen them meet with health secretary, Wes Streeting and Leader of the Opposition, Kemi Badenoch, be compared to the Ford Dagenham women, and secure public backing from J.K. Rowling, is set to be heard. (see notes to editors for timeline of the case.)
Eight nurses from Darlington Memorial Hospital will pursue a landmark legal claim at the Newcastle Employment Tribunal. The trial will commence on October 22 and continue until November 14.
The case, supported by lawyers at the Christian Legal Centre, challenges a Stonewall-inspired policy adopted by County Durham and Darlington NHS Foundation Trust, which permitted a male staff member, identifying as female and known as ‘Rose’, to access female-only staff changing rooms.
The nurses were deeply disturbed to discover that NHS guidance explicitly states that any woman who objects to sharing changing facilities with ‘trans-identifying males’, “will not be tolerated” and must find an alternative place to change.
Nurses expressed concern upon discovering that Rose, who is in a relationship with a woman and seeking to conceive a child with her, regularly used the women’s changing room without prior notice or consultation.
Rose presented in a manner typically associated with male gender expression, wearing male clothing, having visible facial hair, and speaking in a deep voice.
When the nurses raised concerns, they were told by senior HR staff they needed to “be more inclusive,” “compromise,” “broaden their mindset,” and undergo “re-education.” Rose even offered to personally “educate” them.
The nurses will testify that after going public with their concerns, they were threatened by senior management and further victimised by being forced to change for 11 months in a ‘temporary’ converted office that opened onto a clinical area and public corridor.
When the nurses’ story broke in the media, J.K. Rowling declared: “Millions of women stand with them.”
This week, however, the media has reported that for speaking out the nurses have been reported to the Nursing and Midwifery Council for a possible misconduct investigation after speaking out about their story.
Karen’s story
Opening the evidence on October 22 will be the deeply personal testimony of nurse Karen Danson, whose experience arguably triggered the legal action.
Danson, a survivor of childhood sexual abuse who has experienced PTSD, has described a disturbing encounter in which Rose, wearing revealing boxer shorts, repeatedly asked her if she was going to get changed, causing her to panic and relive past abuse.
Karen’s trauma was compounded when she discovered, after the nurses had launched legal action, that Rose was scheduled to assist in her gynaecological surgery, despite her objections.
She was initially told the operation could only proceed with Rose present, or be postponed indefinitely, until patient liaison intervened.
Legal Claims
The Trust appears to have ignored April’s Supreme Court ruling in the landmark ‘For Women Scotland’ case, the Equality and Human Rights Commission’s interim guidance on these issues since that ruling, and the Royal College of Nursing telling them that they are acting illegally and must provide single-sex changing rooms ‘without delay.’
The nurses’ legal case includes the following claims:
- Violation of Article 8 ECHR: The Trust failed to respect the nurses’ right to privacy by requiring them to share a changing room with a biologically male colleague and by failing to address their concerns.
- Harassment: The nurses were subjected to unwanted conduct related to sex and/or perceived gender reassignment, including sexually suggestive behaviour and inappropriate comments, creating a hostile and degrading environment.
- Indirect Discrimination: The Trust’s policy of allowing access to single-sex changing rooms based on self-declared gender identity placed female staff at a particular disadvantage, especially those with histories of trauma.
- Victimisation: After raising concerns in a formal letter, the nurses were subjected to criticism and derogatory remarks by senior HR staff, amounting to retaliation for protected acts under the Equality Act 2010.
*see timeline for the story in notes to editors.
| Notes to editors:
For more information please contact tom.allen@christianconcern.com / 07974304620
Timeline for the story:
- July 2023: Nurses raise concerns internally about being forced to change in front of a biologically male colleague identifying as female. Nurses’ discover a ‘Transitioning in the Workplace’ policy which says anyone can access the female changing rooms if they merely ‘identify’ as female.
- March 2024: With no action taken and staff members who have experienced childhood abuse expressing distress to colleagues, 26 nurses sign and send a letter to the Director of Workforce at County Durham and Darlington NHS Foundation Trust outlining their concerns.
- May 2024: Unofficially, nurses are told by HR they need to be “re-educated,” “compromise,” and “be more inclusive.”
- May 2024: Legal action is launched with support from the Christian Legal Centre, the nurses release their story anonymously to the media.
- June 2024: after hearing that the Trust thinks the issue will ‘blow over’, five of the 8 claimants decide to go public with their story in the lead up to the General Election. Cards of support flood into the hospital. One says: “THANK YOU for your bravery and for making a stand to protect women and girls. We are all so grateful to you. The world is watching.”
- June 2024: In response to their story, then shadow health secretary, Wes Streeting, says he is ‘horrified’ by their case and says he would be happy to meet the nurses.
- July 2024: An intimidating ‘INCLUSIVE CHANGING SPACE’ poster appears on the female changing room door.
- In line with the Trust’s policy, any female member of staff who has a problem with a man in the changing room will not be ‘tolerated’ and has to get changed elsewhere. The nurses are given a temporary office to change in, which they describe as “dehumanising” and “humiliating.”
- The nurses are then sent threatening letters by Andrew Thacker, the Director of Workforce, telling them they could be disciplined if they continue to speak to the media.
- October 2024: The nurses travel to Westminster to meet now health secretary, Wes Streeting. He tells them ‘we need to sort this’ and states that he believes ‘sex is biological.’
- October 2024: Following the publicising of the meeting, the President of Unison accuses Wes Streeting of ‘pandering to anti-trans bigotry.’ J.K. Rowling wades in in defence of the nurses…
- November 2024: After getting no support from any unions, the nurses launch their own union – The Darlington Nursing Union.
- November 2024: Bethany Hutchison is invited onto BBC Woman’s Hour where she faces an extremely hostile interview from Nuala McGovern. Bethany stood her ground, the interview goes viral and the BBC faces a string of complaints. Listen to the interview here.
- December 2024: The nurses meet Shadow Equalities Minister, MP Claire Coutinho, in parliament.
- January 2025: The Trust make a last-ditch application to try to anonymise ‘Rose’ for tribunal proceedings. In the name of open justice, the nurses resist the application for anonymity.
- February 2025: The Employment Tribunal rejects the Trust’s application for anonymity and the media publish Rose’s full name for the first time. The judge concluded: “I am not satisfied that [the Trust] or [Rose] have established a case which meets the threshold for granting an order, or that any such order would be proportionate.”
- March 2025: The nurses meet Leader of the Conservative Party, Kemi Badenoch, in Westminster who says she will raise their case with the Royal College of Nursing. Following the meeting, Kemi Badenoch said: “A woman should never be forced to get undressed in the presence of a man. The case of the Darlington Nurses is yet another example of women being demonised and patronised for raising legitimate concerns about single-sex spaces. “I fought against gender ideology in government, and I will continue to do so as Leader of the Opposition. There is no place for gender ideology in the NHS. These brave nurses have my full support in their fight to restore common sense to an environment where single sex spaces should be non-negotiable.”
- March 2025: A matter of days later, the RCN writes to the Trust telling them that they are acting illegally and that they must provide single-sex changing rooms ‘without delay.’
- 2 April 2025: Preliminary hearing held where nurses walk into court for the first time. The hearing reveals that ever since the launch of the case, the Trust has failed to comply with the tribunal’s timetable and directions. Despite having 18 months to investigate the nurses’ claims, and 10 months since the launch of their legal claim, the Trust made another application to adjourn the hearing, claiming it had not had enough time to complete its internal investigation. Employment Judge Robertson said the Trust had ‘failed’ , that its actions were ‘wrong’ and had ‘subordinated [employment tribunal proceedings] to an independent investigation.’ After securing the adjournment, the next day the policy which allows men to access female changing space is re-published by the Trust….
- 16 April: The Supreme Court hands-down its landmark ruling in the ‘For Women Scotland’ case. The ruling confirms that the Equality Act means biological ‘woman’ when it says ‘woman’.
- April 2025: Wes Streeting cites the Darlington case as he promises new guidance for the NHS following the ruling. “I want to make sure that the NHS is upholding the sex based rights of women who work for the NHS as well as women who use the NHS…I don’t want to see a situation where NHS staff are having to drag their employers through courts and tribunals to uphold their rights.”
- Kemi Badenoch raises the case on the floor of the House of Commons and Baroness Claire Fox raises their case in the House of Lords.
- May 2025: Weeks passed, however, with no action, rumours of delay and many institutions declaring that they are going to ignore the Supreme Court ruling. 11 months on, the nurses continue to use the ‘temporary’ changing room. Rose has continued to use the female changing room without check.
- May 2025: Anonymous until now, courageous Darlington nurse, Karen Danson decides enough is enough tells her story to the media about how encountering a man in the changing room triggered her memories of childhood abuse.
- June 2025: Health Secretary Wes Streeting intervenes, ordering NHS England to inspect the changing room facilities at the hospital and to resolve the issue.
- October 2025: Media report that four of the nurses have been reported to the Nursing and Midwifery Council.
- October 2025: Despite all of this, the Trust’s policy remains in place. They refuse to settle the legal case with the nurses, and the full hearing is set to begin on October 22.
Images and video
Video promo with nurses: https://www.youtube.com/watch?v=kZ-46MUf190
Extended video with the nurses: https://www.youtube.com/watch?v=hDt12ceQYek
Video interview with Darlington nurse, Karen Danson: https://www.youtube.com/watch?v=uAdqtULuK3c
Darlington nurses with ‘Safe Spaces for Women’ banner outside the Department for Health:
https://mcusercontent.com/bed173cc9adfcad1e0e442a35/_compresseds/537e653d-2f45-a6b2-2d4a-fbbac59f3d47.jpg
Darlington nurses with ‘Safe Spaces for Women’ banner at Parliament Square:
https://mcusercontent.com/bed173cc9adfcad1e0e442a35/_compresseds/5d8967c3-b02c-a6a1-6904-ae344adde9ae.jpg
‘Inclusive’ changing room sign that was put up:
https://mcusercontent.com/bed173cc9adfcad1e0e442a35/images/f495e2a6-6d0c-909d-3a94-14f58063ca17.jpg
‘Temporary’ locker room:
https://mcusercontent.com/bed173cc9adfcad1e0e442a35/images/8a74ee2a-e8d3-7997-c7f1-a639425c668f.jpeg
Images of Kemi Badenoch with the Darlington nurses:
https://mcusercontent.com/bed173cc9adfcad1e0e442a35/_compresseds/5c69d3d8-bce2-28f5-16cd-de376ab7e857.jpg |
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