Wes Streeting challenged by the Darlington nurses for decision to “kick the can down the road” over single-sex spaces after meeting
24 February 2025 Issued by: Christian ConcernWes Streeting has been challenged by the Darlington nurses for his decision to “kick the can down the road” on the issue of single-sex spaces for nurses in the NHS.
In a letter to the nurses who, supported by the Christian Legal Centre, are suing their employer after being forced to share their changing room with a biological male, Mr Streeting has said that he would “consider” what steps to take only after receiving the Supreme Court ruling in a different case which may well take up to a year to be delivered.
The nurses said that it means that NHS medics will “continue to suffer and be discriminated against” as the Government tries to “ride two horses at once”.
Lisa Lockey, Bethany Hutchison, Annice Grundy, Tracey Hooper and Joanne Bradbury are taking their employer, County Durham and Darlington NHS Foundation Trust, to an employment tribunal set to start in June for sexual discrimination and sexual harassment after they were forced to share their changing room with a male staff member who identifies as a woman called ‘Rose.’
Backed by an NHS policy, ‘Rose’ began using the female changing room at Darlington Memorial Hospital without warning or consultation.
The nurses raised concerns with HR, but instead of being supported, were told they needed to ‘broaden their mindset’ be more ‘inclusive’, ‘compromise’ and get ‘re-educated.’
The issue has escalated in recent weeks after nurse Sandie Peggie, who has 30 years’ experience, took NHS Fife to an employment tribunal, claiming she faced discrimination and harassment at work because she had to share a female changing room with a biological man, Dr Beth Upton.
On Friday, the Equality and Human Rights Commission (EHRC) “reminded” NHS Fife of its “obligations” under the Equality Act 2010 and requested to see impact assessments of its policy.
The EHRC also wrote to the Scottish health minister expressing “concern” over a forthcoming guide to transitioning which it has been reported will say that transgender NHS staff must be allowed to use their “preferred facilities”.
The intervention of the equalities watchdog will put further pressure on the Health Secretary to take urgent action on these issue in England and Wales.
Meeting with Wes Streeting
In October 2024, the nurses had met Mr Streeting in Westminster following a statement he made when their case became public in the lead up to the General Election.
Mr Streeting said on X: “I support the nurses and I’m horrified that they’ve had to resort to legal action. We’ve got to find a better way through this and I’d be happy to meet them. We’ve got to find a way through that treats trans people with respect and respects women’s safe spaces.”
At the subsequent meeting, Mr Streeting told the nurses that that 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 also asked the nurses to send their policy proposals, which they did.
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 ‘transexuals’.
In his response to the nurses this week, however, Mr Streeting acknowledged that it was an “important” issue but said that “given the sensitivity” he was awaiting the judgement in the Supreme Court decision in a case brought by For Women Scotland.
The case against the Scottish Government centres around whether a trans woman with a legal gender recognition certification can be regarded as a woman for the purpose of equality laws.
Supreme Court judges heard the case in November, but no indication has been given on when they will deliver their verdict. Other ongoing cases have been waiting almost a year for a decision.
Mr Streeting told the nurses that “it is important to me that any changes made are credible and enduring” and there will be “a great deal of likely crossover between this case and any approach to the issue of single-sex spaces”.
‘Mr Streeting could resolve this very quickly’
Bethany Hutchison, Darlington nurse and President of the Darlington Nursing Union, said: “We really appreciated the opportunity to meet Mr Streeting, but are disappointed by the response and believe it is just kicking the can down the road. With the clear proposals we provided in line with the Equality Act, Mr Streeting could resolve this issue very quickly. He has chosen not to, for now, and the government will continue to try and ride two horses at once.
“Meanwhile, NHS nurses such as us, Sandie Peggie, and many others too afraid to speak, will continue to suffer and be discriminated against.
“There are no circumstances where women should have to share changing rooms with men. The law is crystal clear on these matters and yet our institutions have been so captured by aggressive gender identity ideology, that even the UK government appears unable or unwilling to enforce that law. This untenable situation has to change, and we will continue to pursue justice.
“If the government and trade unions will not support women on these issues, we will, and we encourage any women being forced to undress in front of men in the workplace to contact the Darlington Nursing Union for support.”
Andrea Williams, Chief Executive of the Christian Legal Centre, supporting the nurses, said: ‘It is entirely within the gift of the Health Secretary Wes Streeting to ensure that hospitals provide safe and private spaces for women to change. If the Department of Health cannot guarantee this most basic dignity for female staff, then what can it do? The failure to act on such a fundamental issue raises serious concerns about priorities within our healthcare system.”
