Nurses in Darlington have won a landmark employment tribunal case after a judge ruled that an NHS policy allowing biological males to use women’s changing rooms constituted harassment and discrimination.
Employment Judge Sweeney, along with tribunal members Denise Newey and Malcolm Brain, ruled that the policy violated the rights of female staff under the Equality Act.
“By requiring the Claimants to share a changing room with a biological male trans woman… the Respondent engaged in unwanted conduct related to sex and gender reassignment which had the effect of violating the dignity of the Claimants and creating for the Claimants a hostile, humiliating and degrading environment,” the tribunal said in its decision.
The panel also found fault with the Darlington NHS Foundation Trust's response to staff complaints.
“By not taking seriously and declining to address the Claimants’ concerns of August and September 2023 and of 04 April 2024, regarding that part of the Transition in the Workplace Policy that afforded biological males access to the female changing room, the Respondent engaged in unwanted conduct related to sex and gender reassignment which had the effect of creating for the Claimants a hostile and intimidating environment,” the ruling added.
The decision follows last year’s Supreme Court ruling in For Women Scotland Ltd v Scottish Ministers, which clarified the legal meaning of sex under equality law.
The tribunal found that the NHS trust failed to uphold its legal obligations, determining that female nurses’ concerns about privacy were disregarded. Under the trust’s “Transitioning in the Workplace” policy, nurses who objected to changing in front of a biological male were told they should seek alternative facilities themselves.
“We were unclear what was meant by the submission that the policy was ‘lawful’ and deeper consideration of the argument led us to conclude that the policy of permitting biological males who identify as women to use a female changing room was not ‘lawful’,” the tribunal concluded. The panel also cited the Workplace Regulations 1992, which require employers to provide changing facilities that “include separate facilities for, or separate use of facilities by, men and women where necessary or reasons of propriety.”
Bethany Hutchison, a Darlington nurse and president of the Darlington Nursing Union, welcomed the ruling, saying in a statement that, “This is a victory for common sense and for every woman who simply wants to feel safe at work. Women deserve access to single-sex spaces without fear or intimidation. Forcing us to undress in front of a man was not only degrading but dangerous. Today’s ruling sends a clear message: the NHS cannot ignore women’s rights in the name of ideology.”
Employment Judge Sweeney, along with tribunal members Denise Newey and Malcolm Brain, ruled that the policy violated the rights of female staff under the Equality Act.
“By requiring the Claimants to share a changing room with a biological male trans woman… the Respondent engaged in unwanted conduct related to sex and gender reassignment which had the effect of violating the dignity of the Claimants and creating for the Claimants a hostile, humiliating and degrading environment,” the tribunal said in its decision.
The panel also found fault with the Darlington NHS Foundation Trust's response to staff complaints.
“By not taking seriously and declining to address the Claimants’ concerns of August and September 2023 and of 04 April 2024, regarding that part of the Transition in the Workplace Policy that afforded biological males access to the female changing room, the Respondent engaged in unwanted conduct related to sex and gender reassignment which had the effect of creating for the Claimants a hostile and intimidating environment,” the ruling added.
The decision follows last year’s Supreme Court ruling in For Women Scotland Ltd v Scottish Ministers, which clarified the legal meaning of sex under equality law.
The tribunal found that the NHS trust failed to uphold its legal obligations, determining that female nurses’ concerns about privacy were disregarded. Under the trust’s “Transitioning in the Workplace” policy, nurses who objected to changing in front of a biological male were told they should seek alternative facilities themselves.
“We were unclear what was meant by the submission that the policy was ‘lawful’ and deeper consideration of the argument led us to conclude that the policy of permitting biological males who identify as women to use a female changing room was not ‘lawful’,” the tribunal concluded. The panel also cited the Workplace Regulations 1992, which require employers to provide changing facilities that “include separate facilities for, or separate use of facilities by, men and women where necessary or reasons of propriety.”
Bethany Hutchison, a Darlington nurse and president of the Darlington Nursing Union, welcomed the ruling, saying in a statement that, “This is a victory for common sense and for every woman who simply wants to feel safe at work. Women deserve access to single-sex spaces without fear or intimidation. Forcing us to undress in front of a man was not only degrading but dangerous. Today’s ruling sends a clear message: the NHS cannot ignore women’s rights in the name of ideology.”
