Nurses at Darlington Memorial Hospital have firmly rejected an apology issued by NHS health chiefs following a landmark employment tribunal ruling. The tribunal found that the County Durham and Darlington NHS Foundation Trust had violated the dignity of eight female nurses by forcing them to share a changing room with a transgender colleague.
Landmark Tribunal Ruling Condemns Trust Actions
In a significant legal decision earlier this month, employment tribunal Judge Seamus Sweeney concluded that the trust had created what he described as a 'hostile, humiliating and degrading environment' for the nurses. The judge ruled that the health authority had harassed and discriminated against the women, though he noted that their transgender colleague, Rose Henderson, did not directly victimise or harass them.
The case has been ongoing for two-and-a-half years, with the nurses battling the trust throughout this period. Following the judgement, the NHS body initially stated it would need to 'consider it in full' before responding further.
Trust Issues Apology But Nurses Remain Unconvinced
In a new statement released after the ruling, a spokesman for the trust admitted that the organisation did not 'adequately consider the concerns of a group of our colleagues' and expressed regret for any distress caused. The spokesman acknowledged: '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 all our colleagues, for which we apologise.'
The trust has promised to 'rapidly review our policies and the changes that have already been put in place' and to 'consider what facilities are required to follow the tribunal's findings in a way that is respectful to all our colleagues.'
Nurses Demand Concrete Action Before Accepting Apology
However, the nurses involved in the case have made it clear that they will not accept the apology until they see tangible changes implemented. Bethany Hutchison, the lead nurse in the tribunal case, told the Daily Mail that an apology could only be accepted 'once concrete lawful action is put in place' and emphasised that there had been 'no meaningful change on the ground.'
Ms Hutchison expressed serious concerns about the current situation, stating: 'No policies have changed and therefore female staff at the hospital could still face having to get changed in front of a man. While the trust's apology acknowledges failures, confidence is very low that decisive action will now follow.'
The nurses have consistently maintained that they simply want access to single-sex spaces 'without fear or intimidation.' Ms Hutchison added: 'Nurses asked only for the basic dignity of single‑sex changing facilities, which is both lawful and entirely reasonable. We urge the trust to move swiftly from statements to concrete, compliant action.'
Background to the Protracted Dispute
The controversy began in July 2023 when the nurses first raised concerns with hospital management about having to share changing facilities with their transgender colleague. The situation escalated in March 2024 when twenty-six nurses signed a letter to the trust expressing further concerns, only to be told to 'broaden their mindset.'
Two months later, the nurses took their case to an employment tribunal, alleging both sexual harassment and sex discrimination. After three weeks of evidence presented to the tribunal, Judge Sweeney agreed with their claims, leading Ms Hutchison to describe the ruling as a 'victory for common sense.'
Legal Supporters Echo Calls for Immediate Action
Andrea Williams, chief executive of the Christian Legal Centre which supported the nurses throughout their legal battle, has also expressed dissatisfaction with the trust's response. She stated: 'The apology in its context is not sufficient. NHS staff must never again be placed in a position where they have to fight for such a fundamental and lawful safeguard as single‑sex changing facilities. Accountability and rapid action are now essential.'
The trust has acknowledged that 'this has been a difficult and distressing experience for all those involved' and recognises that 'the implications of the ruling will affect colleagues in different ways.' The NHS body has sought to 'reaffirm our commitment to a supportive and respectful workplace for all colleagues from all backgrounds.'
Nevertheless, the nurses remain determined to see practical changes implemented before they consider the matter resolved, highlighting the ongoing tension between different protected characteristics in workplace settings and the challenges facing NHS trusts in balancing competing rights and concerns.
