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.
AM a review has started
NF March 2025. No consideration whether harmful in that entire time. The CR remained in constant use, by female employees and by Rose.
NF you’ve listened to the meeting recording, employees sense of frustration?
AM that’s how they felt.
NF we see you speak ‘there’s the trans issue and potential behaviour issue’ would you describe allegations about Rose’s behaviour as being something you’d not heard before ?
AM no just more detail.
NF July 2024. Whether we were aware of any suggestion of a conduct concern. The way I read your statement, you weren’t aware.
AM I was aware but we get more details in meetings
NF you gave Ms Newsom and Ms Williams as part of 2024 resolution procedure. You’re recounting the meeting ‘there’s was something is not heard before’ what they were describing was alleged behaviour in July 2024 - you thought it was about using the CR but now it was about behaviour.
NF no one disagrees with- you felt those in the room agree with the plan.
AM Plan was about inspecting the current estate and work as a collective to a workable solution.
NF two issues, use and behaviour. They said Can’t we have a TG CR, you said we’re going to see what we might be able to agree, or not.
AM I was identified as a point of contact. Anyone who needs support should be given it.
NF did the trust at any point offer Rose an alternative?
AM I think there was something offered.
NF this was around July 25?
AM I was going to be but I wasn’tZ
J Pat Winter now retired, most of the work had been done. Para 55 each policy has a control sheet. Sets out who’s responsible for the policy. Who is responsible after ratification?
AM policy creator is what I meant.
J it says once policy developed. If you’ve created it. So it’s just bad wording?
AM yes
J I was going to ask. Mrs Atkinson after 20 May was to speak to Rose but didn’t because of allegations in media. Do you know if anyone then spoke to Rose about what solution might be?
AM don’t know
J I know you didn’t develop the policy, but you’ve been living with it. It begins ‘the moment a person informs us’ guide for managers. Things a manager should consider - the point at which a person can use SS or gender neutral and the choice should be theirs. Which on paper seems different to the point at which the Trust recognises the start of the process. Does it follow from that point, the person can then use the facility? Is there any process by which a person is recognised?
What is meant by living a life in that gender?
AM don’t know
J what does implementation actually mean? You can’t help us.
AM no
J given your seniority how you came to be appointed as a welfare officer?
AM I was brought on after a press release re Rose - (unclear)
SC are you able to help us with when an impact assessment should be done? By who?
AM the policy developer and other group checks and balances.
J Gillian Bailey is the next witness. We’ll start tomorrow morning.
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We'll shortly be reporting the second afternoon session of 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.
J Just one matter TW to do with JD's witness statement on p198. In para 34 if you read that and over the page into next para.
TW Sorry, I don't think I'm in the right place [finds it]
J To the end of the sentance about speaking to anyone else about it. JB is suggesting to speak to Rose
We will be tweeting the afternoon session of day 8 of evidence rom the hearing of Ms B Hutchison & others v County Durham and Darlington NHS Foundation Trust being held at Newcastle Employment Tribunal.
The expected start time is 2pm.
NF late Sept 23, you hadn't met with Cs and RH
Did you know anything other than told at meeting
JB no, nothing
NF - second para email '..other areas..this is not isssue..as more straightforward' Have you encountered before
JB not this particular, but yes, situations where they have transitioned in the workplace
NF how many times
JB twice
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.
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
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.
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
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.