Darlington Nurses’ trial begins over female-only changing space

This Wednesday, the extraordinary case of the Darlington Nurses is set to be heard at Newcastle Employment Tribunal.

Supported by the Christian Legal Centre, the eight nurses from Darlington Memorial Hospital are pursuing a landmark legal claim after raising concerns about a male staff member, who identifies as female, access their female-only staff changing rooms.

The nurses have raised widespread support for their case, meeting with health secretary, Wes Streeting and Leader of the Opposition, Kemi Badenoch. They have been compared to the Ford Dagenham women, and secured public backing from prominent figures including J.K. Rowling.

The case challenges a Stonewall-inspired policy adopted by County Durham and Darlington NHS Foundation Trust.

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.