NHS England has intervened in a changing room dispute taking place at Darlington Memorial Hospital, involving a group of nurses.
In a planned visit to the hospital last week, the national body reviewed the current provision of changing room facilities and urged the hospital to make changes “with speed”.
“We will not stop until this action is extended urgently to female workers across the NHS without any unnecessary delay”
Bethany Hutchison
It comes as eight nurses at County Durham and Darlington NHS Foundation Trust have been embroiled in legal action with their employer over a transgender colleague using the female changing rooms.
They have filed claims at an employment tribunal on the grounds of sexual harassment, discrimination, victimisation and breaches of the right to a private life, under Article 8 of the European Convention on Human Rights.
The nurses are being supported by religious campaign group Christian Concern and its sister organisation the Christian Legal Centre.
Their tribunal has been adjourned until October this year.
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 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”.
It was reported last month that the Royal College of Nursing (RCN) had intervened in the case earlier this year.
In a letter sent to the trust, the college set out that the Workplace (Health, Safety and Welfare) Regulations 1992 require the provision of single-sex changing facilities for men and women.
The RCN argued that the regulations had seemingly been “overlooked” and called for the trust to comply.
Since that letter was sent, the UK Supreme Court ruled that the the terms “woman” and “sex” in the Equality Act 2010 refer to biological sex.
Subsequent interim guidance published by the Equality and Human Rights Commission (EHRC) set out that it was compulsory for workplaces to provide sufficient single-sex toilets and changing facilities for their staff.
Over the last 11 months, the nurses at Darlington Memorial Hospital had been given a temporary converted office to change in, separate to the women’s changing room.
According to Christian Concern, this room does not have a proper lock and opens to a public corridor that is part of a clinical area.
Now, NHS England has waded into the dispute and told the trust that this provision is “inadequate”.
The body confirmed to Nursing Times that David Purdue, North East and Yorkshire regional chief nurse, last week undertook a planned visit to Darlington Memorial Hospital and reviewed the current changing room facilities.
It said it would work with the trust to implement new facilities, and that there were “ongoing discussions” about a gender-neutral space.
Christian Concern said the affected nurses had received assurances that the situation would be resolved “with speed” and that the hospital was aiming to provide male, female and gender-neutral changing rooms.
“We take concerns about dignity, privacy and safety extremely seriously”
Trust spokesperson
It added that the female changing rooms would be for biological women only, in line with the UK Supreme Court ruling.
It has been reported that the intervention by NHS England came following instruction by the health and social care secretary, Wes Streeting.
However, the Department of Health and Social Care has not yet confirmed if this is the case.
Mr Streeting made a public statement on X in June 2024 to express his support for the Darlington nurses and said he was “horrified that they’ve had to resort to legal action”.
He added: “We’ve got to find a better way through this and I’d be happy to meet them.
“We’ve got to find a way through that treats trans people with respect and respects women’s safe spaces.”
Bethany Hutchison, one of the Darlington nurses, said the group “hugely appreciate the action initiated by Mr Streeting, NHS England and the RCN”.
She added: “We thank everyone for the amazing support and promise that we will not stop until this action is extended urgently to female workers across the NHS without any unnecessary delay.
“We hope that Wes Streeting and his team put into action what they have promised.”
A spokesperson for County Durham and Darlington NHS Foundation Trust said: “County Durham and Darlington NHS Foundation Trust is fully committed to providing a safe, respectful and inclusive environment for all our staff and patients.
“We take concerns about dignity, privacy and safety extremely seriously. We have been engaging with NHS England and are fully committed to implementing any new national guidance in line with the recent Supreme Court ruling and the Equality Act 2010.”
Separately, a similar legal battle is taking place in Scotland between an A&E nurse and NHS Fife.
Sandie Peggie has claimed she was subjected to unlawful harassment under the Equality Act 2010 by being made to share a changing room with Dr Beth Upton, a transgender woman.
Last month, Ms Peggie’s lawyers urged the RCN in Scotland to intervene in the matter, as its English branch had done in the Darlington case.
