Nurses felt ‘intimidated’ by a trans colleague after they raised a HR complaint about having to share a changing room with her, an employment tribunal has heard.
Nurses at Darlington Memorial Hospital raised concerns about sharing a changing room with a trans woman named Rose, who was born male but identifies as a woman.
After raising their concerns to HR, they were told they need to be ‘re-educated’ and ‘more inclusive’.
Eight of the nurses at the hospital then launched legal action against County Durham and Darlington NHS Foundation Trust.
They are suing the trust for sexual discrimination and sexual harassment after they were forced to share their changing room with Rose.
At an employment tribunal nurses said Rose’s behaviour changed after the HR complaint. Bethany Hutchinson said they ‘started to feel quite intimidated’.
After the claim was launched a sign appeared on the door of the female changing room saying ‘INCLUSIVE CHANGING ROOM’.
The nurses who complained have now been forced to change in ‘temporary changing rooms’ which are offices, while Rose continues to use the female changing room.
Darlington nurses with ‘Safe Spaces for Women’ banner at Parliament Square
After the HR complaint, a sign appeared on the female changing room saying ‘inclusive changing space’
The ‘temporary changing rooms’ which the nurses were forced to use after the complaint
Darlington nurses with ‘Safe Spaces for Women’ banner outside the Department for Health
Mrs Hutchinson said that other nurses reported Rose’s behaviour as ‘intimidating and completely inappropriate’.
One said that as they passed Rose in the corridor, she ‘intentionally eyeballed them and walked towards them aggressively swinging keys.
Mrs Hutchinson added that Rose had been unnecessarily ‘asserting herself and creating a presence in the nurse’s unit’.
Rose claimed she had experienced distress and anxiety following the complaint.
However, Mrs Hutchinson questioned this claim, asking why she then continued to use the changing rooms.
Nurses have reported seeing Rose frequently visiting the day surgery ward where the claimants worked, having rarely been seen outside of theatres prior to concerns being raised.
Simon Cheetham KC, representing the NHS Trust applied for an order to be made to prevent Rose’s surname being reported. Mr Quintaville representing the complainants opposed the application.
Employment Judge Sharon Langridge said she would reserve judgment on whether to grant Rose further anonymity.
The tribunal is scheduled to begin on June 16 and will conclude on July 4.
