A judge at Newcastle employment tribunal has told the NHS Trust at the centre of a claim over the use of single-sex changing rooms by a trans woman that if it does not now comply with proceedings, ‘it does so at its peril’.
At a preliminary hearing in the Darlington nurses’ case against County Durham and Darlington NHS Foundation Trust yesterday (2 April), employment Judge Stuart Robertson said the trust’s actions had “subordinated [employment tribunal proceedings] to an independent investigation.”
Supported by the Christian Legal Centre, the nurses took legal action against the trust in May 2024, after they were forced to get undressed in front of a male colleague who identifies as a woman called “Rose”.
Nurses’ changing rooms
Nurses meet Wes Streeting over single-sex changing rooms
The nurses filed the claim on the grounds of sexual harassment, discrimination, victimisation and breaches of their Article 8 rights under the European Convention on Human Rights, the respect for private life.
Despite having 18 months to investigate the nurses’ claims, and 10 months since the launch of their tribunal claim, the trust made another application to adjourn the hearing, claiming it has not had enough time to complete its internal investigation.
The nurses’ legal team opposed the application. Pavel Stroilov, representing the nurses, described the actions of the trust as “vexatious”, demonstrating “non-compliance with the tribunal’s orders.”
Nevertheless, he ruled that an adjournment was necessary and that the full hearing is now likely to be heard in October 2025. It had been scheduled for June.
Darlington nurse and lead claimant, Bethany Hutchison, said outside the tribunal: “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.”
She added: “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, said: “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.”
A spokesperson for the trust said: “County Durham and Darlington NHS Foundation Trust is fully committed to supporting all members of our staff and ensuring a safe, respectful and inclusive working environment.
“We recognise that legal proceedings are currently under way and we are engaging with the process in full accordance with employment law and the tribunal’s instructions. As this case is ongoing, it would not be appropriate to comment in detail.”
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