Judge in Darlington case: ‘If Trust does not comply, it does so at its peril’

An Employment Tribunal judge has told an NHS Trust that if it does not now comply with proceedings ‘it does so at its peril’, following a decision today to adjourn the case to October.

Employment Judge Stuart Robertson was today presiding over the preliminary hearing in the landmark Darlington nurses case at Newcastle Employment Tribunal.

Supported by the Christian Legal Centre, the nurses took legal action against County Durham and Darlington 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 failed to comply with the tribunal’s timetable and directions for the case.

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

The nurses opposed this application with their legal team. Pavel Stroilov, representing the nurses, described the actions of the Trust as ‘vexatious”, demonstrating “non-compliance with the Tribunal’s orders.’

Judge Robertson, said the Trust had ‘failed’, that its actions were ‘wrong’ and had ‘Subordinated [employment tribunal proceedings] to an independent investigation.’

Nonetheless, he ruled that an adjournment was necessary and the full hearing is now likely to be heard in October 2025.

Judge Robertson said: “If the Trust does not now comply, it does so at its peril … no corners should be cut in preparing for this case.”

Darlington nurse, Bethany Hutchison, said outside court: “We are nurses who love our jobs and our patients and only want to be afforded the dignity of getting dressed and undressed for work without a man present.

“I would like to remind everyone that we are doing this for the safety and dignity of every woman and girl across society and that we will continue to fight these unlawful policies.

“Thank you again to our many supporters.

“We see you and hear you and are delighted to stand with you.

“We are frustrated by the Trust dragging its feet and what we see as unnecessary delays to this case being heard. We will not stop or give up. It is time for Wes Streeting to intervene to resolve these issues, not just for us, but for women across the NHS.”

Andrea Williams, chief executive of the Christian Legal Centre, stated:

“It is difficult to imagine any other party in legal proceedings prioritising its own internal investigation over compliance with court orders—yet NHS management has done just that. This level of bureaucratic arrogance has condemned these dedicated nurses to four more months of uncertainty and distress at the hospital.

“It is completely unacceptable that ideological radicals within NHS management have turned what should be a safe and supportive workplace for hardworking nurses into a cultural battleground.

“Accountability and justice in this case are long overdue. We stand firmly with the Darlington nurses and will continue to do so until they receive the justice they deserve.

“How difficult can it be for the NHS to acknowledge the simple reality that men are men and women are women? Instead, equality and diversity policies are being weaponised against dedicated nurses who are simply asking for common sense to prevail.

“It is the nurses—not those imposing these radical policies—who are being punished and marginalised for taking an honest stand. We urge the Health Secretary, Wes Streeting, to step in and ensure that this injustice is addressed across the entire NHS.”