In a landmark ruling, an employment tribunal has found that eight female nurses were subjected to harassment after their NHS trust forced them to share changing rooms with a transgender colleague. The case, centred on Darlington Memorial Hospital, concluded that the trust created a "hostile and intimidating" environment for the women.
Details of the Tribunal's Findings
The tribunal, held at the Civil and Family Courts and Tribunals Centre in Newcastle, delivered its judgment on 16 January 2026. Judge Seamus Sweeney ruled that the County Durham and Darlington NHS Foundation Trust had breached workplace regulations and violated the nurses' right to a private life. The judgment stated that permitting a biological male to use female facilities was "humiliating and degrading" for the female staff, causing particular distress.
The panel heard that the nurses' initial concerns were not taken seriously by management. Instead of providing suitable alternative facilities, the trust suggested the women needed "education" on transgender rights to broaden their mindsets. The nurses also claimed the transgender colleague had stared at them, repeatedly asked one why she was not getting changed, and walked around in boxer shorts.
Reactions from Both Sides
Lead claimant Bethany Hutchison hailed the decision as a "victory for common sense" and a pivotal moment for women's safety in the workplace. She argued that the NHS must prioritise the dignity and protection of its female workforce.
In response, the transgender nurse involved told the tribunal, "I am not the individual (the claimants) have painted me to be." They denied the specific allegations of walking around in boxer shorts or staring, and described the public fallout and online abuse following the case as deeply "upsetting." The tribunal, while finding the trust liable for harassment, concluded that the transgender individual had not personally harassed the claimants.
Broader Implications and Trust Response
This case follows a similar partial victory for a nurse in Scotland in December 2023, who complained about sharing facilities with a transgender doctor at Kirkcaldy’s Victoria Hospital. The latest ruling sets a significant precedent regarding single-sex spaces and employer responsibilities.
The County Durham and Darlington NHS Foundation Trust stated it is currently reviewing the detailed judgment before issuing a full response. The case highlights the ongoing national debate balancing transgender inclusion with the rights and concerns of other staff members in sensitive environments like NHS changing facilities.
