A group of female nurses has launched legal action against an NHS Foundation Trust after being told by its head of HR that they needed to ‘broaden their mindset’ when they asked not to share a changing room with a trans colleague.
The NHS trust’s trans changing room policies permit any member of staff identifying as the opposite gender to access single-sex changing rooms, toilets or showers on that basis.
Supported by the Christian Legal Centre, six nurses have now launched legal action against their employer for sexual harassment and sex discrimination.
Since August 2023, female nurses raised serious concerns with the management about having to share the changing room with a biologically male nurse who identifies as female.
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The individual allegedly said they had been taking female hormones but had stopped doing so and were trying to get their girlfriend pregnant.
The changing room does not have cubicles but is a large open space where nurses change before and after work.
The nurses have said their transgender colleague often walks around the changing room, on many occasions wearing only tight boxer shorts, “staring at and initiating conversations” with female nurses as they change.
One nurse, who experienced sexual abuse as a child, spoke of her shock and horror when she was approached by the semi-naked individual who asked her three times: “Are you not getting changed yet?”
The Christian Legal Centre, which has links to the campaigning group Christian Concern, said the case is believed to be “the first of its kind”.
The nurses’ concerns were first raised with HR in August 2023, but no action was taken. In March 2024, a letter was signed by 26 nurses and sent to the director of workforce at the NHS Foundation Trust in north-east England.
‘Intimidating and upsetting’
The letter said that they were “concerned about the use of the women’s changing facilities at our hospital by a fellow member of staff”.
It said that “there have been occasions when some of us have refused to change in front of [‘the transgender colleague’] and when this has happened [they] asked why.
“This has created a situation that we consider inappropriate and that we have found intimidating and upsetting.
“On the occasions when colleagues have proceeded to change, which generally involves stripping down to underwear,” they continued, the colleague has taken “a keen interest in them whilst they do so which has had the effect of exacerbating the upset caused”.
The nurses said they did not believe it “appropriate to have a sexually active biological male sharing our changing facilities”.
The nurses added: “We obviously expect the trust to treat them with respect and dignity, but as the policy clearly states, that does not absolve the trust of its duty to those of us who find the current situation intolerable.”
They said that if they have to get changed elsewhere because of the colleague’s presence in the changing rooms, it has “implications for the operational efficiency of our department”.
The nurses received no reply but at an impromptu meeting organised by the hospital’s head of HR, one of the nurses was told that the hospital supports their transgender colleague “150%” and that those who signed the letter need to be “educated”, “to attend training” and “to broaden their mindset”.
The nurses say they are not “bigots” and legally have the right to express their gender-critical beliefs.
‘Deeply troubling’
Andrea Williams, chief executive of the Christian Legal Centre, said: “This NHS Trust is putting a dangerous and discredited transgender ideology ahead of staff and patient safety, not to mention biological reality.
“We are concerned that what the nurses here are experiencing is just the tip of the iceberg. How many more people across the NHS, in other professions and in public places are having to go through similar experiences?
“For nearly a year, HR has ignored the concerns of nurses who feel vulnerable and even afraid of a man, who is a man but says he is a woman, changing in a female-only changing room.
“Telling educated, qualified and caring women that they need to be ‘re-educated’ and be more ‘inclusive’ for raising concerns about what is happening is deeply troubling.
“Instead of giving in to the climate of fear surrounding speaking out against transgender ideology, these nurses are now refusing to be silenced and are taking a courageous stand. We will support them at every step.”
Rights and dignity for all
A spokesperson for the NHS trust told the Mail on Sunday it was “committed to providing an inclusive and respectful work environment for all employees”.
They added: “We are aware of recent issues raised and are taking these very seriously. We would like to assure our employees and the wider community that as soon as these issues were brought to our attention, we initiated meetings to fully understand the needs and concerns of the staff members under our resolution policy.
“We recognise that this is a hugely sensitive issue and as well as taking into consideration the feedback and concerns raised by the team, we are working to adhere to legal requirements and best practices.
“We are committed to working together with all parties to find a solution that respects the rights and dignity of all individuals while maintaining the highest standards of professionalism and fairness. As our internal processes continue it would not be appropriate to comment in any further detail at this stage.”
Last month, the government announced plans for transgender patients to be treated in single rooms in hospitals in England as part of an update to the NHS constitution.
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