Trans nurse in changing room row ‘not the individual they have painted me to be’

A transgender nurse at the centre of a legal challenge over using a female changing room has had to take leave from work twice and became “extremely anxious” in the wake of publicity about the case, an employment tribunal has heard.

Rose Henderson said: “I am not the individual (the claimants) have painted me to be,” and described how “upsetting” it had been to see “hordes of people” posting insults online after the case came to public attention.

Seven nurses are bringing a claim against County Durham and Darlington NHS Foundation Trust after Rose, who was born male but identifies as a woman, was allowed to use the women’s changing facilities at Darlington Memorial Hospital.

Rose has denied allegations of staring at colleagues, asking if they were getting changed yet and walking around the changing room in boxer shorts.

The tribunal heard operating department practitioner Rose had been using the female changing rooms for four years before becoming aware of an issue.

Rose’s witness statement read: “I have been using the changing facilities, which are now at the centre of the claimants’ claims, since September 2019.

“I only became aware of the claimants’ complaints about me using the female changing rooms in March 2024.

“This is when I first learned that they had organised an open letter about me, which gave my full name, and made some very personal comments about me and my personal circumstances.

“I was out as a trans woman when I started working at the trust as a student in 2019, and I had been out for several years prior to this.”

The statement went on to say: “All of my colleagues at this time were aware I am a trans woman, and they were very accepting of me.

“The issue of where I would get changed, and my status among this group of women, was never queried.

“I first became aware of some discontent about my use of the female changing rooms in around August 2023.

“I heard second-hand from friends in the hospital that some informal complaints or comments had been made about me.

“I was not certain where this was coming from, or what exactly had been said. I was mildly upset about this at the time, but I did not want to let what I assumed was one or two people upset me.

“I was told by a colleague… in March 2024, that a petition about me and my use of the changing room was being shared at the hospital.”

The statement described how Rose suffers with “both top and bottom dysphoria (meaning) that I do not like how either part of my body appears”.

It read: “I have never walked around the changing room wearing only boxer shorts. This would make me very uncomfortable.”

In the statement, Rose went on to say: “I deny that I stare at colleagues, whether at their breast area or otherwise. I don’t tend to look at anyone when I’m getting changed, or when they are getting changed.”

The statement included a denial of an allegation by one of the claimants, Karen Danson, that Rose had “come up behind her” and asked if she was getting changed yet.

Rose said: “I have once asked another colleague, who is a friend of mine, if she was getting changed.

“This was on one particular occasion when we were due to walk out of the changing room together to our cars, and she was taking a long time, and so I wanted her to hurry up, and I sarcastically asked her something like if she was nearly changed yet.

“I recall her answering sarcastically back, as we were joking around.

“I don’t know if Karen Danson or anyone else might have been in the room on that day.”

The tribunal heard Rose had submitted a complaint about “bullying and harassment” from July last year and discussed at the time “the way in which some individuals have actively sought press attention and used my name in the press”.

The statement said Rose requested some time off work after the first press coverage in the case in May 2024.

It read: “The allegations were incredibly personal, regarding my health and my medication, and my family and plans with my partner, as well as regarding the changing rooms.

“I was extremely upset by this. I requested some time off because I felt that people would be looking at me at work due to the article and I was still processing what had happened and how my name was suddenly all over social media.”

Rose went on to say: “There was further press coverage on Sunday 23 June 2024, which I found extremely difficult.

“I raised this with my managers at the time. As a result of this coverage, including the social media comments about me at the time, I asked to take leave.

“I was permitted to take special leave from June 24 2024 and I returned to work on Monday July 8 2024.”

The statement read: “The press coverage has been difficult to read. To hear the things the claimants are alleging that I have taken part in is upsetting.

“I am not the individual they have painted me to be, and seeing the hordes of people online insulting me, my partner, and my family has been difficult.”

The tribunal heard Rose took a period of sick leave in February this year after another spike in press coverage, and had sought mental health support.

Since returning to work, Rose is now using a separate changing room and and the female changing facilities, the statement read.

Niazi Fetto KC, for the claimants, asked Rose: “By choosing to use it, you were taking a risk that at least some of the users of the changing room might be upset by you using it.”

Rose replied: “It never occurred to me it might be a risk, no.”

The witness also denied Mr Fetto’s suggestions that it could cause people to be “embarrassed” or that it could be “frightening”.

Rose denied repeatedly going on to the Day Surgery Unit (DSU), where the claimants work, and giving staff who had raised complaints about using the female changing rooms what Mr Fetto called “evil looks”.

The witness said: “There would be no reason to glare at them, they can think whatever they like about me.

“My presence on the DSU was only in a professional capacity.”

The tribunal was adjourned until Wednesday.