Bosses ‘lacked compassion’ over trans colleague concerns, nurse tells tribunal

The nurse leading a claim against her hospital trust over its policy of allowing a trans colleague to use female changing rooms said she became frustrated by bosses’ “lack of compassion, concern and respect”.

Bethany Hutchison is the lead claimant of seven nurses taking County Durham and Darlington NHS Foundation Trust to an employment tribunal after a colleague who was born male but who identifies as a woman was allowed to use the women’s changing facilities at Darlington Memorial Hospital.

In her witness statement, formally entered as evidence to the hearing in Newcastle on Thursday, she said she first became aware of Rose Henderson early in 2023 when they met on a ward and she noticed “his face looked completely masculine and he spoke with a deep manly voice” and saw a transgender lanyard around their neck.

Ms Hutchison said she had no reason to be concerned, but that changed when “several other colleagues” told her that Rose Henderson “was using our changing room and expressed their feelings of embarrassment and distress because they had to undress in front of a biological male”.

The Band 5 nurse, who works in the Day Surgery Unit (DSU), said some colleagues found Rose Henderson’s behaviour in the changing room to be “strange and disturbing” and that they felt intimidated and judged if they decided to change in the toilet instead.

Ms Hutchison said she tried to raise concerns with management from July 2023 but by the following February nothing had been done.

She said: “All in all, the nurses at DSU, including myself, felt that the responses from the management and from the HR over many months that had passed since July 2023 did not reflect the urgency of our concerns.

“We felt that we were not being heard, and we became increasingly frustrated with the lack of compassion, concern and respect being extended to us by management.

“Many of us felt it was time for me to obtain professional legal advice about our situation and what further we could do to protect ourselves against the ongoing harassment and discrimination.”

Ms Hutchison said her ward manager told her in April last year that the trust “were in support of Rose” and that 26 nurses who had signed a letter of concern about the situation “had to be educated, broaden our mindset and be more inclusive”.

The claimant said “to add insult to injury” it was suggested that Rose Henderson “should be the one to educate us to broaden our mindset and become more inclusive”.

Ms Hutchison said in her witness statement: “I remember this conversation with (the ward manager) so well because I was extremely upset by the news I heard from her.

“I realised that the management were not going to support us and were only going to label us bigots, unreasonable, unkind and ‘not inclusive’.

“I felt this was extremely unfair.”

Simon Cheetham KC, for the hospital trust, suggested to Ms Hutchison that the claimants had “embellished” their account of what happened.

She replied: “It is outrageous to say we are lying.”

Mr Cheetham said: “I haven’t said you are lying.”

When he said he meant “exaggerated”, Ms Hutchison denied it.

Mr Cheetham suggested that the nurses’ use of the media interviews in which their trans colleague was named “violated” Rose Henderson’s privacy.

Ms Hutchison replied: “He has violated my privacy and (that of) the women in that changing room and he has done that since 2019.”

Later, Ms Hutchison, when discussing the possibility of facing disciplinary action, said: “I think (the trust) would love nothing more than to get rid of me.

“They see me as a real problem, but actually I was just raising a concern.”

Staff must travel to the hospital in their own clothes and change into their uniforms once they arrive.

If they leave the hospital for a break, they must change out of their uniforms.

They are bringing a claim for sexual harassment, discrimination, victimisation and breaches of the right to a private life, under Article 8 of the European Convention on Human Rights.

In their particulars of claim document, the nurses say that the health trust “permits any member of staff (regardless of sex and regardless of gender reassignment) to choose their ‘gender identity’ and to access a single-sex changing room on that basis”.

A spokesperson for the health trust said: “County Durham and Darlington NHS Foundation Trust is committed to providing safe, respectful and inclusive care for patients and working environment for all colleagues.

“As this matter is the subject of ongoing employment tribunal proceedings, it would not be appropriate for the trust to comment further while the case is active.”

The nurses’ claim is being supported by the Christian Legal Centre.

The hearing continues.