Darlington nurses in court as NHS Trust accused of ‘deplorable behaviour’

Today, (Weds 2 April) the Darlington nurses will be in court at a preliminary hearing in Newcastle for the beginning of their landmark case.

Supported by the Christian Legal Centre, the nurses took legal action against County Durham and Darington NHS Foundation Trust in May 2024, after they were forced to get undressed in front of a male colleague who ‘identifies’ as a woman called ‘Rose.’

The nurses filed the claim on the grounds of sexual harassment, discrimination, victimisation and breaches of their Article 8 rights under the ECHR, the respect for private life.

Ever since the launch of the case, however, the Trust has not engaged properly with the tribunal’s timetable and directions for the case.

The full hearing is scheduled to take place from 16 June – 4 July at Newcastle Employment Tribunal.

Despite having 18 months to investigate the nurses’ claims, and 10 months since the launch of their legal claim, the Trust has made a last ditch application to adjourn the hearing, claiming it has not had enough time to complete its internal investigation.

An adjournment could mean that the full hearing is delayed for another year or longer.

Today (Weds 2) the nurses’ legal team will oppose this application accusing the Trust of ‘vexatious” and “unreasonable conduct of litigation” and “non-compliance with the Tribunal’s orders.’

Lawyers will say that the factual issues in this case were first brought to the Trust’s attention in August 2023 and have been discussed by senior management ever since.

The case was filed with the tribunal on 28 May 2024 and the Trust began an internal investigation in June/July 2024.

In July 2024, the Trust’s lawyers filed ‘Grounds of Resistance’ to the nurses claims but said they could not respond to many of the claims due to its internal investigation.

Nonetheless, the Trust provided the tribunal with reassurances that it would meet the timetable deadline for the trial to go ahead as scheduled in June.

After asking for a short extension earlier this year, however, the Trust made an application to suspend all case management directions made by the Tribunal in this case and to adjourn the trial.

The Trust has been conducting its investigation for over 8 months and it is believed is now in a position to respond to the nurses’ claims, but is refusing to do so despite the clear direction of the tribunal.

In court the Trust’s application is expected to be described as giving the tribunal a fait accompli.

Lawyers will say that the behaviour has been ‘deplorable’ and that the tribunal should be ‘robust’ in ensuring that the Trust is not allowed to adjourn the trial ‘unilaterally.’

Ahead of the hearing, Darlington nurse, Bethany Hutchison, said: “We are shocked by the delaying tactics of the Trust and wonder what it is that they have got to hide.

“We are appalled and deeply concerned that while clearly acting unlawfully in forcing us to get changed in front of a man, they are now seeking to delay and avoid giving us justice and properly answering our claims.

“We hope that the tribunal sees through what is happening and does not allow a unilateral adjournment to happen.”

Andrea Williams, chief executive of the Christian Legal Centre, said: “Justice delayed is justice denied. The Trust cannot be allowed simply to ignore the Tribunal’s orders or be permitted to give the Tribunal no choice but to adjourn the hearing for a year or longer.

“That would mean leaving these brave and beautiful nurses defenceless and exposed to ongoing harassment at the workplace. A strong response is needed from the tribunal.”