An employment tribunal has delivered its judgment in the case of a group of nurses who complained about a transgender colleague’s use of a female changing room.
The tribunal found that the nurses from Darlington Memorial Hospital suffered harassment from their NHS trust, with the “effect of violating the dignity of the claimants and creating a hostile, intimidating, humiliating and degrading environment for them”.
The nurses took County Durham and Darlington NHS Trust to an employment tribunal over a policy that allowed their colleague, Rose Henderson – who was born male but identifies as a woman – to use the facilities.
Rose Henderson had used the room since starting at the hospital as a student in 2019. The complaints from other nurses began in 2023.
“Women were in distress – their dignity and privacy was being violated,” Bethany Hutchinson, one of the nurses who brought the case, had told Sky News.
“Women should be allowed to have safe single sex facilities. Particularly when you’re just about to start a shift – we have to undress to our bra and knickers. It’s not appropriate to have a biological male in there.”
The tribunal upheld the complaint of indirect sex discrimination as it concluded that by permitting a trans woman to use the female changing room, the trust was in breach of health and safety laws and had “infringed the claimants’ right to respect for private life” under article 8 of the European Convention on Human Rights.
The employment tribunal concluded that Rose Henderson had not personally harassed or victimised the claimants.
The tribunal also rejected the claim that the trust had victimised the claimants.
Rose Henderson had said the nurses were guilty of “direct discrimination and harassment that has created an intimidating, hostile, degrading, humiliating and offensive environment, due to my protected characteristics”.
The nurses’ claim included allegations that Rose had harassed colleagues inside the changing room.
One of the nurses, Karen Danson, told the tribunal that Rose repeatedly asked her whether or not she was getting changed yet – and said this triggered a panic attack due to prior trauma. Rose Henderson denied the allegations.
The case was originally brought by eight nurses but one had to withdraw due to ill health.
The Darlington case is one of the first to test out in the courts the Supreme Court’s landmark judgment in April 2025. The ruling in For Women Scotland vs The Scottish Ministers defined ‘woman’ as someone who was born female.
The judgment has already had a far-reaching impact on transgender people and the use of single sex spaces.
In late 2025 both Girl Guiding and the Women’s Institute announced they would no longer accept transgender girls and women as members.
In December 2025, Scottish nurse Sandie Peggie only won part of a tribunal case against NHS Fife following a transgender colleague’s use of a female changing room.
The tribunal found the trust had harassed her Ms Peggie, but dismissed all of her claims against her trans colleague Dr Beth Upton.
Campaigners for transgender rights have criticised both the Supreme Court judgment and the way it has been interpreted.
Dr Victoria McCloud was the UK’s first transgender judge, who is now mounting a legal challenge against the judgment – arguing that trans people were denied the opportunity to give evidence to the court.
“It simply isn’t the case that the law says you must exclude trans women from changing rooms, lavatories, places like that,” Dr McCloud told Sky News.
“The Supreme Court wasn’t asked to, and didn’t make any decision about women’s spaces. I don’t know any sensible lawyers who would say the For Women Scotland judgment was in any way clear.”
In Dr McCloud’s view the judgment has been “wilfully misinterpreted” to exclude trans people from single sex spaces, leading to a rise in abuse against the transgender community.
“Some people have been scared to leave their homes,” she told Sky News.
“As a trans woman, I’m just at much at risk of rape as anyone else. We have been monstered, and aliened.”
The government is yet to publish official guidance around the use of single sex spaces following on from the Supreme Court’s decision meaning the debate continues on, both inside and outside the courts.
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