A health trust has apologised to a group of nurses who complained about a trans colleague using single-sex changing rooms, saying “we did not adequately consider your concerns”.
Seven members of the Day Surgery Unit at Darlington Memorial Hospital brought a claim against County Durham and Darlington NHS Foundation Trust after Rose Henderson, who was born male but identifies as a woman, was allowed to use the women’s changing facilities.
An Employment Tribunal in January found that sharing single-sex changing rooms with a trans colleague had created “a hostile, intimidating, humiliating and degrading environment” for nurses.
The trust said on Wednesday that it had formally apologised to the women, as part of an agreement, and described how it has “developed unisex facilities to ensure that single sex facilities are used based on biological sex”.
The Christian Legal Centre (CLC), which has supported the women, said this agreement includes paying out £187,000 in damages.
According to the CLC, the trust has told each of the seven nurses: “We recognise that we have a responsibility to provide a safe, respectful and inclusive working environment for everyone and the tribunal’s findings make clear that we did not get this right for you, for which the Trust expresses its sincere apologies.”
It added: “We also acknowledge that in our decision making, we did not adequately consider your concerns, formally or informally and we sincerely regret that we were unable to get this right.”
The trust told the nurses: “We know that this has been a difficult and distressing experience for you.
“We also recognise that, at times, your concerns were not fully heard or addressed in a timely or sensitive manner, and we regret the impact this had on you and colleagues who have been affected by this process and subsequent judgment.”
The CLC said the damages paid out do not include legal costs, which will to be decided at a further hearing.
The centre claims the trust has incurred more than £600,000 in its own legal costs.
Darlington nurse Bethany Hutchison, who led the claim, said: “We have done this, not just for ourselves, but for our colleagues who were too afraid or unable to speak, and for every woman and girl in the country.
“We raised our concerns because we believed something was seriously wrong, not just for us, but for the protection of all women in the NHS. Instead of being listened to, we were ignored, labelled, and subjected to pressure and intimidation.
“This outcome is a vindication of our stand for dignity, privacy, and common sense.
“We hope it ensures that no woman is ever again made to feel unsafe in her workplace for speaking the truth.”
Chief Executive of the Christian Legal Centre Andrea Williams said: “This case sends a powerful message across the NHS and beyond that ideology cannot override those fundamental duties.”
Earlier this year, employment judge Seamus Sweeney said the trust “subjected the claimants to harassment related to sex and gender reassignment by permitting the claimants’ biological male, trans woman colleague to use the female changing room and requiring the claimants to share that changing room without providing suitable alternative facilities.”
The ruling said the trust also subjected the nurses to harassment by not taking their concerns seriously.
During the tribunal hearings, Rose Henderson told the panel: “I am not the individual (the claimants) have painted me to be”, and described how “upsetting” it had been to see “hordes of people” posting insults online after the case came to public attention.
In its judgment, the tribunal found that Rose had not personally harassed or victimised the claimants.
County Durham and Darlington NHS Foundation Trust confirmed it had reached an agreement with the nurses and has offered a formal apology “acknowledging the tribunal’s findings and the impact the matters considered by the tribunal had on those involved”.
It said that, since the judgment was issued, the trust has undertaken further work, including ensuring that unisex facilities are available across its hospital sites and “continuing to review relevant policies and procedures to ensure they reflect the tribunal’s findings and the trust’s responsibilities as a public body”.
Chief executive Steve Russell said: “We have accepted and respected the tribunal’s findings from the outset and have carefully considered what they mean for our organisation.
“We recognise that the approach taken should have been different, and we regret the impact this had on the colleagues involved.
“We have repeated our apology directly to those affected.”
Mr Russell said: “Following the judgment, we issued updated guidance and developed unisex facilities to ensure that single sex facilities are used based on biological sex.
“Whilst this complies with the judgment we want to further improve changing facilities for all colleagues.
“We also have to acknowledge the impact these changes have had on some of our other colleagues.
“Our focus now is on moving forward, continuing to support our colleagues and ensuring our policies, facilities and practices reflect both our legal responsibilities and our commitment to providing an inclusive workplace for everyone.”
