UK Employment Tribunal Rules NHS Trust Discriminated Against Nurses Over Transgender Policy
A Newcastle employment tribunal has found that an NHS trust created a hostile environment for female staff by requiring them to share intimate changing spaces with a transgender colleague.
An employment tribunal in Newcastle has ruled that the County Durham and Darlington NHS Foundation Trust harassed and discriminated against a group of female nurses.
The case centered on the use of female-only changing facilities at Darlington Memorial Hospital by Rose Henderson, a transgender woman and operating department practitioner.
The tribunal panel concluded that the trust’s management failed to address the legitimate privacy concerns of the female staff, instead prioritizing a policy that led to the violation of their dignity.
The ruling marks a significant moment in the ongoing national debate regarding single-sex spaces and workplace inclusivity policies.
While the trust argued its "Transitioning in the Workplace" policy followed existing guidelines to support transgender employees, the tribunal found that the implementation lacked a balanced consideration of the rights of biological women.
This development carries weight for public sector employers who must navigate the Equality Act 2010 while ensuring that internal policies do not inadvertently create discriminatory environments for other protected groups.
Tribunal Identifies “Hostile Environment” in Hospital Changing Facilities
The legal proceedings followed a collective grievance raised by 26 nurses in August 2023.
The staff objected to the presence of a transgender woman in the Day Surgery Unit’s (DSU) changing area, a practice that had been in place since 2019. The tribunal heard that approximately 300 women used the facility in question.
In its 134-page judgment, the panel, led by Employment Judge Seamus Sweeney, determined that the trust’s insistence on the policy created a "hostile, humiliating, and degrading environment" for the claimants.
A key factor in the ruling was the trust’s response to the nurses' complaints. Rather than seeking a compromise, management suggested that those who were uncomfortable should use a small cubicle converted from a meeting room.
The tribunal noted that asking the single transgender staff member to use alternative facilities would have been a "reasonable and feasible" step that was never seriously considered by the trust’s human resources department.
How the Legal Process for Workplace Disputes Unfolds
The process typically begins when an employee contacts the Advisory, Conciliation and Arbitration Service (Acas) for "early conciliation."
This is a mandatory first step in the UK designed to resolve conflicts before they reach a courtroom.
If this fails, the claimant submits an ET1 form to the tribunal within three months of the incident. This starts a formal legal track where the employer must respond with their version of events.
Legally, this means that the tribunal acts as an independent referee. While the employer controls internal policy, they do not have absolute control over the legal outcome once a claim is filed.
In practice, the tribunal reviews whether the employer's actions were "proportionate" and "reasonable." Discretion applies when managers make day-to-day decisions, but this discretion is limited by the Equality Act 2010.
Courts generally find that an employer's right to set policy ends where that policy infringes upon the statutory rights or dignity of other protected groups.
Management and Policy Fallout After the Ruling
The nurses involved in the case said the tribunal’s decision brought a sense of relief after months of raising concerns they felt were ignored.
Several described the ruling as confirmation that their objections were about privacy and dignity at work, not hostility toward any individual colleague.
The tribunal heard that some staff felt dismissed by senior managers when they questioned the changing room arrangements, and that their concerns were framed as a failure to be “open-minded” rather than addressed as a workplace issue.
The County Durham and Darlington NHS Foundation Trust confirmed it has withdrawn the policy at the centre of the dispute and said it is reviewing the judgment before deciding on next steps.
The tribunal made clear that the case was not about the behaviour of the transgender employee involved. It rejected claims about individual misconduct and victimisation, finding instead that the trust’s handling of the situation and its refusal to consider practical alternatives led to the discriminatory outcome.
The judgment is likely to have wider consequences for how employers approach single-sex spaces. The tribunal found that policies cannot be applied in isolation from their real-world impact, particularly where privacy is involved and large numbers of staff are affected.
It also noted that the trust had already stepped back from its original approach following a Supreme Court ruling in April 2025 clarifying that, in law, sex is based on biology.
The decision adds to growing pressure on public bodies to revisit workplace policies and ensure they do not unintentionally disadvantage one protected group while trying to support another.
Key Questions Answered
What did the employment tribunal rule in the NHS case?
The tribunal ruled that the NHS trust discriminated against nurses by enforcing a workplace policy that failed to properly consider privacy and dignity in shared changing facilities.
Did the tribunal blame the transgender staff member?
No. The tribunal rejected claims of individual misconduct and found that responsibility lay with the trust’s management and how the policy was applied.
Why did the tribunal find the NHS policy discriminatory?
The tribunal said the trust failed to balance competing rights and did not consider reasonable alternatives, resulting in a hostile environment for female staff.
What This Means for NHS Staff
If the case does not settle, it is expected to return to tribunal for a remedy hearing, where compensation and any required corrective steps will be considered.
Any replacement policy will need to comply with current interpretations of the Equality Act 2010 and the duties that apply to public bodies.
The ruling is expected to be referenced in other disputes involving access to single-sex workplace facilities, particularly in healthcare and the public sector.
Employers are likely to face closer examination of how such policies affect staff in practice. For the trust, the immediate task is reviewing internal handling of staff concerns and ensuring complaints linked to protected characteristics are addressed directly.
