Tribunal Tweets Profile picture
Oct 29 25 tweets 4 min read Read on X
We’ll shortly be rejoining the second part of the morning session. Ms B Hutchinson and others v County Durham and Darlington Nurses NHS Foundation Trust.
NF - I’m advising you h& s regulations changing facilities? Your understanding they required single sex for men and women. Did you make Ms Newton aware?
AT - no
AT - Checking what the regulations meant in practice and the intention was to gather and discuss further.
NF - you understood this regulation was binding?
AT - yes
NF - wasn’t this directly relevant?
AT - not part of her briefing note for the investigation.
NF - TITWP policy made provision for people of one sex to make use of other facilities was under review. Was this relevant?
AT - to be honest it didn’t really cross my mind.
NF - you’ve interpreted the regulations.
AT - there’s an assumption here that everything I did was to cause harassment. That was never my intention.
NF - email from Richard Scothern (sp? chairman of trust) forwarding an email from Stephen Twist (a governor) July 2022. Please read what Mr Twist says
NF - what meeting Twist refers to?
AT - council of governors. Possibly at these if any workforce issues. Not attending all.
NF - Mr Southern mentions a probability this issue may impact on H & S and risk assessment. You would have seen a governor was raising the question of a risk assessment re application of trust policy.
NF - an issue specifically raised of H & S. Did you commission a report or review ?
AT - no
NF - letter from Ms Dodsworth references ongoing legal dispute and provide single sex CR without delay. The current arrangements outweigh national guidance. Issue raised unless single lockable rooms then not compliant.
AT - RCN interpretation of the guidance yes. Would follow up after the RCN congress. That didn’t happen because of sharing of this letter with the media. Dodsworth said can I share this with Bethany I said yes.
Then I learned the RCN had shared the letter with Bethany. I understand Ms Dodsworth was not happy .
NF - so that conversation didn’t happen and nothing else did.
NF - Rose moved out of the changing room later in 2025 were you involved in that decision?
AT - no
NF - you were contacted Gill Hunt of NHS England then met with Deputy Director of Nursing.
AT - yes a teams call related to vast amount of media attention. When the trust was named and NHS England asked what was being done re the concerns being made.
NF - a Mr Purdue came to visit the trust.
AT - He did a tour of Durham and Darlington hospital and I gather there was contact with the nurses.
NF - page 28 8 July 2024 to a range of non -ex directors - refers to last meeting.
AT - I wasn’t involved was on leave.
NF - read p 28/29. Some questions there. Operational and legal. Qs from Mr Crossland ‘were nursing staff consulted in advance’ and ‘did nursing staff raise matters of safety’ and ‘were these addressed’?
AT - I don’t know if the meeting was minuted. I’m not sure if theirs was a formal meeting.
NF - it was agreed after this you would have regular meetings with Mr Crossland to keep him updated.
AT - yes
NF - you had a few meetings were they minuted?
AT - no
J - did the investigation come up?
AT yes . I think Morgan Smith sent me an email
NF - there was a meeting on 17 July , Crossland , mr (inaudible) and you.
NF - this has attachment the bottom of the email chain - from Nr Twist. You received this email . COG ‘I would suggest Andrew deals with these ‘ . Who sent this email?
AT - I think it’s Steve Crossland.
NF - ‘H & S raised by me ‘. You say TITWP policy has its own impact included. But isn’t this about a H & S assessment?
NF - you don’t seem to have responded to that at all.
AT - no
NF - do you accept that something went very wrong with how the trust addressed the concerns ?
AT - I don’t accept that , the trust was trying to deal with
NF - you complained about the claimants eg media presence. But their complaint was not grappled with in any material way until April /May 2025 was it?
NF - and even after that the policy was briefly taken down but not addressed.
AT - as far as I was concerned , the trust had a policy for someone with a GI. After SC ruling the policy was withdrawn. There is no guidance however for trusts at this time. Guidance in draft but hasn’t yet been published and we are waiting for guidance.
J - do you know if there was a trust in the country that had the guidance? Share info re policies ?
AT - yes eg a regional meeting of HR directors.
J - natural isn’t it. Someone is going to ask ‘where do I start’ . Is there another trust that has a policy different to yours?
Web of contacts but the policy is made by the trust ?
AT - yes and nationally a framework for policies in general.
NF - were you aware of EHRC guidance?
AT - yes and we took action in withdrawing our guidance.
NF - was EHRC taken into account?
AT - yes re TITWP policy.
J - Mr Cheetham?
SC - clearing up - letters re involvement in press were sent please read. Ms Bradbury’s name is there.
And Ms Gregory is spokesperson - p 562 bundle 1. When you’re referring to comms with Ms G is that what you have in mind?
AT - yes.
J - something to be cleared up Mr C. Break for lunch now , resume at 2pm .
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More from @tribunaltweets

Oct 31
We will be live tweeting Day 8 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. Image
The Claimant Nurses:
KD - Karen Danson
BH - Bethany Hutchison
CH - Carly Hoy
JP - Jane Peveller
MG - Mary Annice Grundy
TH - Tracey Hooper
ST – Sharen Trevarrow
LL - Lisa Lockey
Other names:
SS - Siobhan Sinclair, Well-being officer at DMH, now retired
SW - Sue Williams, HR at Trust
TA - Tracy Atkinson, HR at Trust
AT - Andrew Thacker, Director of Workforce at Trust
JB - Jillian Bailey, Workforce Experience Manager at Trust
Read 100 tweets
Oct 30
This is the second part of the afternoon session day 7
Tweeting evidence from the hearing of Ms B Hutchison & others v County Durham and Darlington NHS Foundation Trust being held at Newcastle Employment Tribunal.
NF please go to para 23/24. To round off the story of the initiative re possible CR works. A new facility was made available. Ms Gregory’s office being cleared. By this point you knew this issue had been coming up since July 23. No change in circumstances for those raising complaints. 26 nurses had taken collective action and no policy review.
Read 15 tweets
Oct 30
We will shortly (est. start time 13:45) be live tweeting the afternoon session from day 7 of evidence from the hearing of Ms B Hutchison & others v County Durham and Darlington NHS Foundation Trust being held at Newcastle Employment Tribunal.
Our full coverage can be found at
https://

-v-county-durham-and
We report what we hear in good faith but do not provide a verbatim record of proceedings.tribunaltweets.substack.com/p/eight-nurses
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/REJ - Regional Employment Judge Robertson
EJ - Employment Judge
ET - Employment Tribunal
RH - Rose Henderson, trans identifying nurse
DMH/H/Hospital - Darlington Memorial Hospital
Read 39 tweets
Oct 30
This is the second morning session from day 7 of evidence from the hearing of Ms B Hutchison and others v County Durham and Darlington NHS Foundation Trust, being held at Newcastle Employment Tribunal.
NF I have found the handwritten notes, misattributed re SG statement. [to SG statement] Can you confirm this is your handwritten note.
TA Yes
NF Back to mtg. You identified BH
TA SG identified. Collective resolution.
TA I was trying to bring it into process. Stage one usually
with managers. Stage 2 would be independent ix officer.
NF Who would take it in stage 2. Has already got to M Smith.
TA Stage 2 independent ix.
NF Who
TA Care would appoint.
NF Who has custody of process. Raised. MS forwarded to you. You are to give advice.
Read 40 tweets
Oct 30
This is day 7 of evidence from the hearing of Ms B Hutchison and others v County Durham and Darlington NHS Foundation Trust, being held at Newcastle Employment Tribunal. We expect to continue our reporting from 10am this morning.
For previous reporting please visit our Substack.

tribunaltweets.substack.com/p/eight-nurses…
A group of nurses from Darlington Memorial Hospital are bringing this ET against their employers, alleging sexual harassment and sex discrimination.
Read 58 tweets
Oct 29
Welcome back to PART 2 of the afternoon session of DAY 6 of Bethany Hutchison & others vs County Durham & Darlington NHS Foundation Trust - AKA "the Darlington Nurses" case.

We expect Tracy Atkinson to continue her evidence.

For previous reporting please visit our substack. Image


Please note: This is not a verbatim transcript. We report in good faith & make every effort to do so accurately.tribunaltweets.substack.com/p/eight-nurses…
Abbrevs

J/EJ - Employment Judge Sweeney
P- One of 2 Panel members

C/Ns - Claimants - Darlington nurses
NF - Niazi Fetto KC, barrister for Claimants

R/T/Trust - Respondent, C. Durham & Darlington NHS Trust
SC - Simon Cheetham, KC, barrister for R
TA - Tracy Atkinson, HR at T
Read 40 tweets

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