Eight nurses who are taking legal action against their NHS employer over a transgender colleague using female changing rooms have been told their case will be heard in October.
Yesterday, a preliminary hearing for the nurses’ employment tribunal against County Durham and Darlington NHS Foundation Trust took place.
The nurses, supported by religious campaign group Christian Concern and its sister organisation the Christian Legal Centre, have filed a claim on the grounds of sexual harassment, discrimination, victimisation and breaching their right under Article 8 of the European Convention on Human Rights to respect for private life.
In August 2023, the nurses raised concerns to the trust’s human resources department over the use of a female changing room by a colleague known publicly only as “Rose”, who is a transgender woman.
The following March, the trust’s director of workforce was sent a letter about the concerns, signed by 26 nurses, which claimed that Rose had carried out behaviour that they found unsettling.
The nurses claimed they were told by the trust to be more inclusive and to “broaden their mindset”.
Supported by the Christian group, the nurses launched formal legal action against the trust.
A full employment tribunal was due to be heard in June. However, at Wednesday’s preliminary hearing, held at Newcastle Tribunal Centre, the trust successfully applied for an adjournment.
The trust claimed that it needed more time to allow an internal investigation to be completed, according to ITV.
Judge Stuart Robertson ruled that an adjournment was necessary; the full hearing will now be heard in October 2025.
The judge, in his ruling, said the issues in the case were “complex” and was quoted by Christian Concern as adding: “If the trust does not now comply, it does so at its peril…no corners should be cut in preparing for this case.”
Speaking outside the court, Bethany Hutchison – one of the nurses involved in the case – said: “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.”
Under the Gender Recognition Act 2004, a transgender adult who has successfully obtained a gender recognition certificate is considered by law as their acquired gender, not the one they were born with.
Ms Hutchison said she and the other nurses were “frustrated” by County Durham and Darlington “dragging its feet” and called on health and social care secretary Wes Streeting to get involved.
“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,” she further said.
A trust spokesperson 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 underway 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.”
