An employment tribunal in the United Kingdom has ruled that seven female nurses at Darlington Memorial Hospital were subjected to workplace harassment by their NHS employer after raising concerns about a transgender colleague’s use of female changing facilities.
An employment tribunal in the United Kingdom has ruled that seven female nurses working at Darlington Memorial Hospital were subjected to harassment by their employer, the County Durham and Darlington NHS Foundation Trust, for raising concerns about a transgender colleague’s use of the female changing room. The judgment, delivered on January 16, 2026, found that the trust failed to adequately address the nurses’ complaints about privacy and safety, resulting in unlawful treatment under UK employment law.
The dispute originated in 2023, when seven female nurses formally objected to a transgender colleague, Rose Henderson, accessing the female changing facilities at Darlington Memorial Hospital. Henderson, who identifies as a woman, had been using the women’s changing area since her time as a student at the hospital in 2019. The claimants stated that no satisfactory alternative changing space was offered to them.
Bethany Hutchison, one of the nurses involved in the case, told Sky News that women should have access to secure, single-sex facilities. She explained that staff often need to undress down to their underwear before starting a shift, and said it was inappropriate for someone who is biologically male to be present in that space.
After internal processes failed to resolve the matter, the nurses brought an employment tribunal claim. In early 2026, the tribunal concluded that the trust’s handling of their concerns amounted to harassment related to sex and gender reassignment, and violated their rights to dignity and respectful treatment at work.
The tribunal held that by permitting the transgender colleague unrestricted access to the female changing facilities without offering suitable alternatives, the trust created an environment that undermined the nurses’ dignity. The panel determined this treatment met the legal definition of harassment under the Equality Act 2010.
Indirect sex discrimination occurs when a policy disproportionately disadvantages a group protected by sex. The tribunal found that the trust’s approach effectively placed the female nurses at a disadvantage relative to male or transgender staff, without objective justification.
The judgment also identified breaches of health, safety, and privacy obligations. Employers in the UK are required to provide appropriate welfare facilities, including changing rooms, that safeguard personal privacy and security. The failure to provide reasonable alternatives or adjustments gave rise to these breaches.
While the tribunal upheld claims against the employer, it rejected allegations that the transgender colleague, Henderson, personally harassed the nurses. The findings distinguished between the individual’s conduct and the trust’s institutional responsibility.
Today's ruling sends a clear message: the NHS cannot ignore women's rights in the name of ideology.Bethany Hutchison, Nurse, Darlington Memorial Hospital
This case occurs against a backdrop of evolving legal interpretations of sex and gender in UK law. In 2025, the UK Supreme Court clarified that, for certain aspects of equality legislation, legal definitions of “woman” and “man” are grounded in biological sex as registered at birth. This has influenced how tribunals assess disputes involving sex-segregated spaces and transgender individuals.
Under existing employment and health and safety regulations, employers must ensure that changing facilities are suitable and respectful of staff privacy. Guidance continues to develop on how to balance inclusive practices with statutory protections for all workers.
Healthcare organizations across the UK may need to revisit and clarify policies governing the use of sex-specific facilities. Employers should assess whether existing provisions adequately address the needs and legal protections of all staff.
The tribunal’s findings underscore the importance of documenting risk assessments, consulting with employees, and providing reasonable adjustments in line with legal obligations. Disputes over facilities can have consequences for workforce relations and institutional liability.
The NHS trust involved has indicated that it is reviewing the judgment. Further guidance from regulatory bodies and additional legal cases may shape how healthcare institutions implement sex-segregated spaces while upholding statutory rights related to sex, gender reassignment, and privacy.
(Rh/SS)