In a landmark judgment, an Employment Tribunal has ruled that County Durham and Darlington NHS Foundation Trust unlawfully discriminated against and harassed the Darlington Nurses by requiring them to share female-only changing rooms with a biological male.
The ruling confirms that the Trust’s policy allowing men into women’s spaces is unlawful and violates the rights of female staff.
In their ruling, Employment Judge Sweeney and Tribunal members Denise Newey Malcolm Brain declared:
“By requiring the Claimants to share a changing room with a biological male trans woman… the Respondent engaged in unwanted conduct related to sex and gender reassignment which had the effect of violating the dignity of the Claimants and creating for the Claimants a hostile, humiliating and degrading environment.
“By not taking seriously and declining to address the Claimants’ concerns of August and September 2023 and of 04 April 2024, regarding that part of the Transition in the Workplace Policy that afforded biological males access to the female changing room, the Respondent engaged in unwanted conduct related to sex and gender reassignment which had the effect of creating for the Claimants a hostile and intimidating environment.”
A ‘major victory for women’s rights and workplace safety’
The Tribunal considered and followed last year’s seminal decision of the Supreme Court in For Women Scotland Ltd v Scottish Ministers.
The case, supported by the Christian Legal Centre and represented in court by Niazi Fetto KC, has been hailed as a major victory for women’s rights and workplace safety.
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The Tribunal found that the Trust failed to uphold its legal obligations under the Equality Act by disregarding the nurses’ safeguarding concerns about privacy and dignity.
Under the ‘Transitioning in the Workplace’ policy, female nurses, had been told by the Trust that if they had an issue with getting changed in front of a man who identifies as a woman, they should find alternative changing facilities.
The Tribunal’s judgment concludes:
“We were unclear what was meant by the submission that the policy was ‘lawful’ and deeper consideration of the argument led us to conclude that the policy of permitting biological males who identify as women to use a female changing room was not ‘lawful’.” The judgment then points out that the Workplace (Health, Safety and Welfare) Regulations 1992 requires an employer to provide changing facilities which “include separate facilities for, or separate use of facilities by, men and women where necessary or reasons of propriety”.
In contrast to the recent decision in a similar case in Scotland, Sandie Peggie v Fife NHS Trust, the Tribunal clearly declared that the law leaves no scope for permitting men to use a female changing room based on their ‘gender identity’ or under any other pretext.
The Tribunal disbelieved the HR manager, Ms Atkinson, who denied telling the nurses who raised concerns that they needed to be ‘educated’, ‘broaden their mindset’, ‘compromise’ and be ‘inclusive.’
Forced into a ‘temporary’ office for 11 months to change that opened on to a public corridor, the nurses discovered during the tribunal hearing that the Trust had compromised their safety again by refusing to adhere to fire regulations.
The nurses’ case has seen them meet with Health Secretary, Wes Streeting, Leader of the Conservative Party, Kemi Badenoch, and receive public support from J.K. Rowling.
‘A victory for common sense’
Responding to the ruling, Bethany Hutchison, Darlington nurse and President of the Darlington Nursing Union, said:
“This is a victory for common sense and for every woman who simply wants to feel safe at work. Women deserve access to single-sex spaces without fear or intimidation. Forcing us to undress in front of a man was not only degrading but dangerous. Today’s ruling sends a clear message: the NHS cannot ignore women’s rights in the name of ideology.
“We stood up because we knew this was wrong. No woman should be forced to choose between her job and her safety. This ruling is a turning point, and we will keep fighting until every woman in the NHS is guaranteed the dignity and protection she deserves.”
‘The NHS and the government should now give up their sabotage of clear judicial decisions’
Andrea Williams, Chief Executive of the Christian Legal Centre, which supported the nurses, added:
“This judgment exposes the extent to which the NHS hierarchy has been captured by extreme gender ideology and its willingness to sacrifice women’s safety and dignity in order to uphold it. Allowing a man into a female-only space because he claims to be a woman violates human dignity, common sense, the law of the land and biblical truth.
“The NHS and the government should now give up their sabotage of clear judicial decisions and abide by the law which acknowledges that men are men and women are women.”
The Tribunal’s decision comes amid growing national concern about NHS policies that prioritise gender identity over sex-based protections.
Equalities Minister, Bridget Phillipson, has continued to refuse to publish lawful new guidance on single-sex spaces by the Equalities and Human Rights Commission.