Trust called to ‘comply’ over Darlington nurse trans row

County Durham & Darlington NHS Foundation trust alongside others across the country will be made to comply with the ruling, that defines gender as “biological”.

The ruling, moved forward just last week, said that the terms woman and sex in the 2010 Equality Act “refer to a biological woman and biological sex” and means transgender women with a gender recognition certificate (GRC) can be excluded from single-sex spaces.

The Darlington nurses. (Image: CHRISTIAN CONCERN) The eight nurses, from Darlington’s hospital complained after transgender colleague Rose Henderson, born male but identifies as a woman, used women’s changing facilities at Darlington Memorial Hospital.

The nurses filed the claim on the grounds of sexual harassment, discrimination, victimisation and breaches of the right to a private life, under Article 8 of the European Convention on Human Rights – and will be heard at a tribunal from October 20.

Now, the trust say the ruling will be “carefully considered” in reviewing their policies but the Department for Health and Social Care says it expects the NHS to work “quickly” to implement changes.

A Department for Health and Social Care spokesperson said: “We are clear that this is the law, and we expect all public service bodies, including hospitals like Darlington Memorial Hospital, to comply.

“The ruling has provided much needed confidence and clarity for the NHS to adapt its policies, as it reviews its ‘delivering same-sex accommodation’ guidance, to ensure that same-sex spaces are always protected.

“We are in contact with the NHS and expect them to work quickly.”

Reacting to the supreme court ruling, Bethany Hutchison, Darlington nurse and president of the Darlington Nursing Union has echoed calls for “swift” action.

She said: “We are delighted by the result and the clarity it brings to the Equality Act. We now need swift and clear action from Wes Streeting and the NHS to implement the Supreme Court’s ruling.

“Front line nurses, like ourselves, have been dealing with this for too long and should not have had to take the action and risks that we have.

“Illegal Stonewall inspired policies that have allowed men to access women’s changing rooms in the NHS need to be urgently overhauled, and women like ourselves who have been discriminated against as result of these policies, need full justice.”

Andrea Williams, chief executive of the Christian Legal Centre, which is supporting the nurses, added: “Single-sex changing rooms are not a matter of ideology but of law, safeguarding, and common sense.

“NHS trusts must now revise policies that have prioritised gender identity over biological reality often at the expense of female staff and patients. 

“Reinstating clear, single-sex provision in areas such as changing rooms, hospital wards, and other intimate spaces is not only lawful—it is necessary to maintain trust in our public institutions. It must now become an urgent priority.

“The NHS, following the Supreme Court ruling, must now recognise sex where it matters most: in ensuring privacy, dignity, and safety.

“Health Secretary Wes Streeting has told the nurses to their faces that he stands with them. Hopefully now, with the Supreme Court ruling to help him he will have the courage to put into practice the promise he made.”

Six days after the ruling, Sir Keir Starmer said as he welcomed the Supreme Court’s judgment on the issue.

In his first public comments since the justices’ decision on April 16, the Prime Minister said today (April 22) that he is “really pleased” with the clarity that the court’s ruling offers.

Sir Keir, who has previously said “trans women are women”, was asked to repeat that statement but instead said: “I think the Supreme Court has answered that question.”

Asked if that means he does not believe a transgender woman is a woman, he told ITV West Country: “A woman is an adult female, and the court has made that absolutely clear.

“I actually welcome the judgment because I think it gives real clarity. It allows those that have got to draw up guidance to be really clear about what that guidance should say.

“So I think it’s important that we see the judgment for what it is. It’s a welcome step forward.

“It’s real clarity in an area where we did need clarity, I’m pleased it’s come about. We need to move and make sure that we now ensure that all guidance is in the right place according to that judgment.”

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However, whilst the judgement was praised by some, it was condemned by thousands of trans rights protesters who gathered in central London on April 19.

Trans rights groups, trade unions and community organisations came together for what was billed as an “emergency demonstration” in Parliament Square.

Activists demanded “trans liberation” and “trans rights now”, with some waving flags and holding banners.