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A nurse taking her hospital trust to an employment tribunal over its policy of allowing a transgender colleague to use the female changing-rooms said she was initially wary of raising concerns as she feared being labelled a bigot. Tracey Hooper is one of seven nurses bringing a claim against County Durham and Darlington NHS Foundation Trust after Rose Henderson, who was born male but who identifies as a woman, was allowed to use the women’s changing facilities at Darlington Memorial Hospital.
In her witness statement, Ms Hooper said she first became aware of Rose Henderson using the female changing-rooms in the summer of 2023.
She said: “I could not believe it. He was dressed in a masculine way: he was wearing a baggy black t-shirt with a large rock or gothic image on the front, baggy jeans and well-used dark trainers. He had long straggly hair. He wore no make-up or jewellery.”
The day surgery unit band five nurse, who has worked for the trust since 2002, added: “I was initially apprehensive about expressing my concerns due to a fear of being labelled a bigot or transphobic.
“Someone had obviously allowed RH to be in our changing room. I thought that if I spoke up about it, it would be seen as offensive. At that point I had also not heard anyone else say anything about it.
“So, I thought that everyone else was OK with the situation and maybe I was the only one to have an issue with it. Therefore, I kept quiet about my concerns.”
Ms Hooper said that changed when she spoke to other colleagues and some referred to Rose Henderson’s “inappropriate behaviour” in the changing room. The claimant said senior colleagues had a meeting following complaints from staff and the response was “we had to accept the situation due to the inclusiveness of the NHS, despite the fact that a number of departments had raised the same issue”.
Ms Hooper said after the trust did not act on their concerns, they began the legal proceedings and gave media interviews following that decision.
She said: “We felt the public needed to be aware of the situation we were facing, as the trust was refusing to protect our rights, and we believed similar problems might also be happening up and down the country.
“I felt people needed to know this was happening because this was unlawful and simply not right. We took legal advice before going to the media to make sure we did nothing illegal or improper.
“We were hoping for some public support, but we could not have foreseen the amount of support we have received in the past year. I went to the postroom to pick up the letters and cards that were sent to us after the first media publication, there must have been over 30 letters and cards that time. It was heartwarming to receive those encouraging messages.”
Ms Hooper said in July 2024 the trust made a manager’s old office – the size of a small box bedroom – into alternative changing-room but she said it was unsuitable as it opened directly onto a corridor.
She said: “Although some of us, including me, chose to use this room rather than risk stripping off in front of RH, we felt humiliated, ostracised and very much let down by our employer, who should have been ensuring all staff were comfortable and safe at work, and claims to champion respect and dignity for all.”
They are bringing a claim for sexual harassment, discrimination, victimisation and breaches of the right to a private life, under article eight of the European Convention on Human Rights. In their particulars of claim document, the nurses say the health trust “permits any member of staff (regardless of sex and regardless of gender reassignment) to choose their ‘gender identity’ and to access a single-sex changing room on that basis”.
A spokesperson for the health trust said: “County Durham and Darlington NHS Foundation Trust is committed to providing safe, respectful and inclusive care for patients and working environment for all colleagues. As this matter is the subject of ongoing employment tribunal proceedings, it would not be appropriate for the trust to comment further while the case is active.”
The hearing continues.
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