Darlington nurses win harassment case against NHS Trust over changing room policy
Court rules policy allowing biological males to use female-only changing rooms is unlawful
Last updated 16th Jan 2026
Female nurses at County Durham and Darlington NHS Foundation Trust have won a landmark employment tribunal case against the organisation over its policy requiring them to share female-only changing rooms with a biological male colleague.
The Tribunal, held in Newcastle, ruled that forcing the nurses to share space under the Trust’s ‘Transitioning in the Workplace’ policy amounted to unlawful harassment and discrimination. The nurses argued this violated their dignity and created an intimidating environment.
Decision details
Employment Judge Sweeney said requiring the nurses to share facilities with a biological male was unwanted conduct connected to sex and gender reassignment and dismissed the Trust’s claims that the policy was “lawful.”
The Tribunal underscored the legal requirement outlined in the Workplace (Health, Safety and Welfare) Regulations 1992 which mandates employers must provide separate facilities for men and women when necessary for privacy and propriety.
It also criticised the Trust after documents revealed that female nurses who objected to changing in front of the individual, known as “Rose,” were forced to use a temporary office opening onto a public corridor as an alternative.
Supporting arguments
The nurses, supported by the Christian Legal Centre, cited sexual harassment and sex discrimination while providing detailed witness accounts during the legal proceedings last year.
Bethany Hutchison, Darlington nurse and President of the newly formed Darlington Nursing Union, said:
"Women deserve access to single-sex spaces without fear or intimidation.
"Forcing us to undress in front of a man was not only degrading but dangerous.
"Today's ruling sends a clear message: the NHS cannot ignore women's rights in the name of ideology.
"We stood up because we knew this was wrong. No woman should be forced to choose between her job and her safety.
"This ruling is a turning point, and we will keep fighting until every woman in the NHS is guaranteed the dignity and protection she deserves."
National impact
The judgment follows growing debates around the balance of gender identity and sex-based protections within UK workplaces. Health Secretary Wes Streeting and Conservative Party Leader Kemi Badenoch had earlier met with the nurses, expressing their concerns about such NHS policies.
Other organisations, including the Royal College of Nursing, had also weighed in during the legal proceedings, urging the Trust to provide safe, single-sex facilities without delay.
The ruling adds another significant legal precedent after last year’s Supreme Court judgment in For Women Scotland Ltd v Scottish Ministers in a similar case.
A spokesperson for County Durham and Darlington NHS Foundation Trust said: "We are taking time to review the judgement carefully and will comment further once we have had the opportunity to consider it in full."