At the heart of the Darlington nurses' case is a policy. A policy believed to be used widely in various forms across the NHS.
CDDFT’s ‘Transitioning in the Workplace Policy’ (POL/PD/0060, Version 2.0), explicitly permits male staff who identify as female to access female-only changing rooms, regardless of their biological sex.
The policy says: “CDDFT support a transgender employee's right to use the toilets and facilities appropriate to their gender from the point at which the individual declares that they are living their life fully in that gender.”
— Appendix 2: Guide for Managers and Employees
When the nurses raised concerns about having to share their changing room with a biologically male colleague, without prior notice or consultation, they were met with dismissive responses from HR. They were told to “be more inclusive,” “compromise,” and “be educated”.
After speaking out publicly and initiating legal proceedings, the nurses were effectively punished: any woman who objected to sharing the changing room with a man was forced to use a makeshift converted office that opened directly onto a public corridor and clinical area. They were made to use this space for 11 months.
The Trust’s policy makes clear that objections from female staff are not to be accommodated:
“Any concerns raised by others will be dealt with promptly and sensitively and harassment of the individual will not be tolerated.”
It adds that:
“If other staff members are uncomfortable sharing facilities, they should use alternative options.”
This is exactly what happened to the nurses.
We would encourage NHS staff members to ask to see what policies are in place in their workplace on these issues.
The hearing continues today in Newcastle.
telegraph.co.uk/news/2024/09…