Explosive testimony has emerged from an employment tribunal involving eight nurses from Darlington Memorial Hospital, revealing how serious safeguarding concerns were dismissed by County Durham and Darlington NHS Foundation Trust’s Head of HR, Tracy Atkinson, as mere “noise in the system.”
The tribunal centres on complaints raised by female nurses who objected to sharing changing facilities with a male colleague, “Rose,” who identifies as a woman. The Trust’s controversial “Transitioning in the Workplace” policy permits male staff who self-identify as female to access female-only spaces, including staff changing rooms.
During the hearing today in Newcastle, Atkinson was questioned by the nurses’ representative, Niazi Fetto KC, about her handling of the complaints.
She denied ever referring to the nurses’ concerns as “noise in the system,” only for Mr Fetto to point to an internal investigation interview where she had used that exact phrase.
Atkinson also claimed she was unaware of the nature of the concern, saying: “There was a discussion about an individual parading in their underwear, that’s what I was told at the time but I did not know what the nature of the concern was.”
She admitted that 300 women used the changing room in question and that no risk assessment had ever been carried out.
When asked whether a biologically male person in a female-only changing room might present a safeguarding concern, Atkinson replied, “not necessarily.”
Her own emails revealed that the Trust’s initial response was to send “awareness and education” talks about inclusivity rather than act on the nurses’ safety complaints.
At a meeting in May 2025, Atkinson said the nurses needed to be “re-educated,” “broaden their mindset,” “compromise,” and be “more inclusive.” She denied making these remarks.
The Trust’s KC, Simon Cheetham, has said during the hearing that there is a disagreement between Atkinson and the nurses’ matron, Claire Gregory about what was said, with more crucial evidence to follow next week in court.
Additional evidence presented included:
- A witness statement from Andrew Thacker, stating: “I now understand from speaking to Tracy Atkinson that she was aware of concerns having been raised in or around July 2023.”
- An email from Atkinson acknowledging: “There are some very concerning behaviours going on here,” after receiving a letter from staff. Under cross-examination, Atkinson repeatedly evaded saying what the ‘concerning behaviours’ were.
- A misattribution by Atkinson, falsely claiming that nurse Bethany Hutchison had suggested Rose use a disabled toilet.
- A timeline showing Atkinson was aware of the issue since June 2023 but took no action for 11 months.
Andrea Williams, chief executive of the Christian Legal Centre, described Atkinson’s handling of the situation as “disingenuous and negligent,” raising serious questions about the Trust’s commitment to safeguarding and staff welfare.
The tribunal continues.
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