Ms B Hutchison & others v County Durham and Darlington NHS Foundation Trust

Darlington nurses challenge NHS over changing room policy

Oct 20, 2025

A group of nurses from Darlington Memorial Hospital, are bringing an employment tribunal against the County Durham and Darlington NHS Foundation Trust, alleging sexual harassment and sex discrimination.

The case concerns the Trust’s policy allowing a male colleague, who has not undergone any surgery, who claims a female identity named Rose Henderson, to use the female changing rooms.

The nurses argue that sharing the changing facilities with Henderson has caused them distress. One nurse, a survivor of sexual abuse, reported experiencing panic attacks. After raising concerns with hospital management, they were informed they needed to be “re-educated” to be more 'inclusive'.

Case Status

The merits hearing is scheduled to be heard from 20 October - 14 November 2025 at Newcastle employment tribunal.

UPDATE: On 16th January 2026, Judge Sweeny delivered his ruling- finding that Durham and Darlington NHS Trust policy allowing men into women's changing rooms was unlawful harassment and discrimination

Read the Judgment here

Anonymity application

A preliminary hearing addressed an application for anonymity filed by Henderson, which was denied based on the principle of open justice.

Preliminary hearing

An application by the Trust to suspend management directions made by the Tribunal and to adjourn the trial was heard on 2nd April - see live tweet threads below. The full merits hearing has been moved to 20 October - 14 November 2025. Various other matters were agreed, dates for an amended response, bundle management and dates, disclosure, etc.

Legal Documents

Expert Report of Dr J Phoenix

Live tweet sessions

2 April 2025 - Preliminary hearing - morning session part one, morning session part two

Employment tribunal - evidence beginning 22nd October afternoon

22nd October afternoon session - Part one and Part two (not archived)

23rd October morning session - Part one (not archived and in split sections) Section 1, Section 2, Section 3 and part two

23rd October afternoon session - Part one and part two

24th October morning session - Part one and Part two and Part three (Note JP changes halfway here to CH but this is an error, it is JP throughout.) and Part four

24th October afternoon session - Part one and part two

27th October morning session - Part one and part two

27th October afternoon - Not sitting. Back tomorrow morning

28th October morning session - Part one and part two

28th October afternoon session - Part one and part two

29th October morning session - Part one and part two

29th October afternoon session- Part one and part two

30th October morning session - Part one and part two

30th October afternoon session - Part one and part two

31st October morning session - Part one and part two

31st October afternoon session - Part one and part two

3rd November morning session - Part one and part two

3rd November afternoon session - Part one only

4th November morning session - Part one only

4th November afternoon session - Part one and part two

5th November morning session - Part one and part two

6th Nov - no sessions

7th November morning session only - Part one only

11th November morning session - Part one and part two

11th November afternoon session - Part one only

Abbreviations

EJ/J - Employment Judge Sweeney

C/Ns - Claimants - the Darlington nurses

NF - Niazi Fetto, KC, barrister for claimants

MP - Michael Phillips, solicitor for claimants
PS - Pavel Stroilov, C’s solicitor, preliminary hearing

R/T/Trust - Respondent, County Durham and Darlington NHS Foundation Trust

SC - Simon Cheetham, KC, barrister for respondents

DMH/H/Hospital - Darlington Memorial Hospital

RH - Rose Henderson, male colleague who claims a female identity
ET - Employment Tribunal

J/REJ - (Judge from preliminary hearing) Regional Employment Judge Robertson

Witnesses for Claimants

KD - Karen Danson, claimant, nurse at DMH

BH - Bethany Hutchison, claimant, nurse at DMH

CH - Carly Hoy, claimant, nurse at DMH

JP - Jane Peveller, claimant, nurse at DMH

MG - Mary Annice Grundy, claimant, nurse at DMH

SS - Siobhan Sinclair, Housekeeper & Well-being officer, at DMH, now retired

TH - Tracey Hooper, claimant, nurse at DMH

ST - Sharen Trevarrow, claimant, nurse at DMH

LL - Lisa Lockey, claimant, nurse at DMH

RH - Rose Henderson, male colleague who claims a female identity

Respondent witnesses

AT - Andrew Thacker, Director of Workforce and Organisational Development at Trust

TA - Tracy Atkinson, Head of workforce and organisational development at Trust

AM - Andrew Moore, Head of Workforce Experience Manager at Trust

JB - Jillian Bailey, Workforce experience manager at Trust

TW - Tracy Wainwright, Clinical lead for theatre at DMH

JR - Jody Robinson, Clinical Lead manager at DMH

SW - Sue Williams, HR at Trust

Additional abbreviations

DMH/H/Hospital - Darlington Memorial Hospital
GR - Grounds of Resistance
IX - Internal investigation
UCL - Unreasonable conduct of litigation
CMD - Case management directions
NCWTO - Non-compliance with the Tribunal’s orders

D - Disclosures
ECHR - European Convention on Human Rights
SH - Sexual harassment
SD - Sex discrimination
SA - Sexual abuse
PA - Panic attacks.
HM - Hospital management
RE - Re-educated
I - Inclusive
TG - Transgender
CR/CF - Changing room or changing facilities

WS - Witness Statement

WA - Whatsapp

CLC - Christian Legal Centre

SEAL - Surgical Elective Admission Lounge

DSU - Day Surgery Unit

RP - Resolution procedure

SSS - Single sex spaces

NB - Non-binary

PC - Protected Characteristic

EQA - Equality Act 2010

TITWP - Trans in the workplace policy

Press Coverage

This section includes links to a selection of press coverage, that may include blogs, videos and interviews about the case. These links are included without comment and are not endorsed by Tribunal Tweets. This is a sample of coverage only - it is not comprehensive. Please DM our main Twitter account to submit coverage from an established news outlet. Any paywalled article must be archived.