Darlington nurses speak publicly about legal challenge to trust over trans colleague

Nurses from Darlington Memorial Hospital have spoken publicly for the first time following the launch of a "landmark" legal challenge against health trust chiefs over a trans woman being allowed to use female changing rooms.

A group of nurses from County Durham and Darlington Foundation Trust (CDDFT) have lodged an employment tribunal case for sexual discrimination and sexual harassment.

Five of the nurses, from Darlington Memorial Hospital's Day Surgery department, have spoken out publicly for the first time since the action was launched against the trust.

Bethany Hutchison, Lisa Lockey, Annice Grundy, Tracey Hooper and Joanne Bradbury have decided to speak publicly as they believe the Trust is hoping controversy will "blow over".

Read the political reaction here. 

A spokesperson for CDDFT has said that "work continues" on their internal investigation into the issue.

The group has put in claims on harassment, indirect discrimination, and breach of nurses' ECHR article eight rights (the right to privacy).

The case is believed to be unprecedented, meaning it could be a landmark ruling in employment law.

After releasing their story anonymously last month, the nurses say that changing room policy has not changed.

The group added that they have felt "threatened and intimidated" by interactions with HR at the hospital, and say that they now fear for their jobs.

The nurses say that currently, CDDFT policies permit any member of staff to identify as the opposite gender and to access single-sex changing rooms, toilets or showers on that basis.

In August 2023, the female nurses raised serious concerns with management about having to share the changing room with a trans woman who was born biologically male but no action was taken.

In March 2024, a letter was signed by 26 nurses and sent to the Director of Workforce at the NHS Foundation Trust.

In the letter, the nurses said they did not believe it "appropriate" to have a "biological male sharing our changing facilities".

Recognising that the Trust has a duty to support transgender staff they added, however, that that is "not absolute".

Spokesperson for the group, Bethany Hutchison said: “We want women to be aware that there are transgender policies, particularly in the NHS, that are putting us at risk.

"This cannot be right, and we want a change in policy, not only at our hospital but across the NHS and wider society.

“The meetings we have had at the hospital have been threatening and intimidating. To say we need educating when staff have multiple degrees was deeply insulting and demonstrates a failure of care towards female staff.

“We will pursue this matter for as long as it takes to ensure women’s spaces are protected.”

Lisa Lockley added: "We are aware that transgender activists will probably hate us for what we are doing, but it is not against transgender people, this is about protecting female space.”

Recommended reading: 

• Durham and Darlington nurses launch legal battle in trans row

• Fact check: What is NHS policy on trans patients in single-sex wards?

• Family of trans woman who died awaiting gender-affirming care ‘continue fight’

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Another nurse, Annice Grundy said: “For me it is about wanting to feel safe. People say ‘you are brave’ for speaking out, but why should it be brave to speak out on these issues, why should we even have to?"

A spokesperson for County Durham and Darlington NHS Foundation Trust said: "The Trust would like to emphasise that at this stage the claims being made are allegations which need to be fully investigated and reviewed. The Trust has initiated this through its internal processes and this work continues.

"However, as the allegations are now also subject to active legal action, it would not be appropriate for the Trust to comment further at this stage."