We will be live tweeting day 2 of evidence from the hearing of Ms B Hutchison & others v County Durham and Darlington NHS Foundation Trust being held at Newcastle Employment Tribunal.
We anticipate a 10am start but delays are not unusual.
A group of nurses from Darlington Memorial Hospital are bringing this ET case against their employers alleging sexual harassment and sex discrimination. It concerns the Trust’s policy of allowing a male colleague, identifying as a woman named Rose Henderson, to use the female changing room.
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' and offered an office space to change in instead of the female changing room.
Disclaimer:
We report what we hear in good faith but do not provide a verbatim record of proceedings.
Abbreviations:
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
J/EJ - Employment Judge Robertson
ET - Employment Tribunal
RH - Rose Henderson, trans identifying nurse
DMH/H/Hospital - Darlington Memorial Hospital
SH - sexual harassment
SD - sex discrimination
SA - sexual abuse
HM - hospital management
TG - transgender
CR/CF - changing room or facilities
NCWTO – non-compliance with Tribunal’s order
KD – Karen Danson (one of complainants)
TWAW – transwomen are women
TMAM – transmen are men
i/x - investigation
i/v - interview
WS - witness statement
WA - WhatsApp
g/x - grievance
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The court is at present taking a short break, and we expect to resume about 3.45pm.
We are restarting.
J: Anything on Debique, NC?
NC: I think SC and I are agreed that it doesn't take us forward; group disadvantage in this case has been agreed, so we don't need to go there.
Good afternoon. This afternoon we will be tweeting the oral submissions by Counsel in the case at Employment Tribunal of LS vs NHS England.
There was no hearing this morning as the barristers were composing and exchanging their written submissions to the Court. This will be the last session of the public part of the hearing; the panel will spend Monday deliberating on the case.
We expect the afternoon session of Day 5 in LS vs NHSE to begin at 2 pm. It may be a short session. Our coverage of earlier sessions and background on the case can be found on our Substack here: open.substack.com/pub/tribunaltw…x.com/tribunaltweets…
Afternoon session is starting. J reminding attendees, no hot drinks allowed. Witness PM will resume.
J - SC you mentioned a floor plan?
SC - have one, sent to Cs team.
J - NC have you had a chance to speak to C's do you have further qs?
NC - I was perplexed because
I was nearer the end than I expected. I do have the floor plan.
J - Clerk, can you print off 4 copies? NC - would you like to look at it
NC - would like to take instruction quickly
J - apologies, everyone has to leave the room and the remote
Today we are reporting day 4 of LS v NHS England (NHSE). LS, also using the pseudonym Faye Russell-Caldicott, is claiming indirect discrimination on the grounds of sex, religion and disability (PTSD) and harassment related to her sex and philosophical belief (gender-critical).
We are a collective of citizen journalists and work on a voluntary basis. We endeavour to report everything that we hear but do not provide a verbatim report of proceedings.
You can support us by subscribing to our Substack (link in bio) which funds some travel and our IT costs.
X was down at the beginning of Part 2 of the afternoon session. The session is only expected to last 45 minutes. Our reporter is taking notes and will post later.
The rest of this thread is a copy of the notes we took during the second part of the afternoon hearing, while X was down.
Naomi Cunningham (NC) is continuing cross-examination of the respondent's witness Philip Goodfellow.