We will shortly be live tweeting day - of evidence from the hearing of Ms B Hutchison & others v County Durham and Darlington NHS Foundation Trust being held at Newcastle Employment Tribunal.
A group of nurses from Darlington Memorial Hospital are bringing this ET 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.
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
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:
CG - Claire Gregory, Ward Manager
SS - Siobhan Sinclair, Housekeeper & 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 and Organisational Development
DP - David Purdue, Joint Regional Chief Nurse for North East and Yorkshire
GH - Gill Hunt, Interim Joint Regional Chief Nurse for NHS England in North East and Yorkshire
ST - Stephen Twist, Darlington Trust’s Audit and Governance Committee, an elected Public Governor
RS - Professor Richard Scothon, Chairman of Trust
AM - Andrew Moore, Head of Workforce Experience at Trust
JR - Jody Robinson
SW - Sue Williams, Human Resources Business Partner
More Abbreviations:
TG - Transgender
TW - Transwoman
CR/CF - Changing room or changing facilities
SSS - Single Sex Spaces
WS - Witness Statement
WA - Whatsapp
CLC - Christian Legal Centre
SEAL - Surgical Elective Admission Lounge
DSU - Day Surgery Unit
EQA/EA -Equality Act 2010
This will be Day 10 of the tribunal
Still waiting for session to start
We don’t know the reason for the long delay this morning. Still waiting for the session to begin.
We apologise for the continuing delay and will report as soon as we hear anything
Rose Henderson being sworn in
Judge reassuring re stressful situation.
RH apologises for cough.
J you and me both.
SC p 205 your witness statement. Confirm details true ?
RH yes
NF Good afternoon. You studied at Teeside graduated July 22
RH October 22 I started at work. My course also part of time at hospital.
NF have you followed the evidence? Familiar with TITWP policy?
RH not all of it but aware during complaints
NF You used the female CR. Some gender employees used personal CR. Did you think of this?
RH no
NF Did anyone offer?
No
NF CR used by about 300 women. Some upset
RH never occurred a risk or embarrassed
NF frightened? Never occurred to you?
RH no
NF users changing to underwear - you first became aware of issues 2023 August. Also March 24 you became aware women upset
RH August I became aware. Lee became aware.
NF at both junctures, you decided to continue ?
RH uh hum
NF when you saw number of signatures to letter ?
RH May or June 24
NF your managers supported you. Also support from Andrew Moore.
RH after press story. A welfare meeting
NF Helen Coppack also provided you with support?
FH yes she was a contact
NF did you seek to understand their upset?
RH I wonder why after so long id been using CR
NF did you see the text of the letter? Meeting with Coppack and Moore. You discussed concerns
RH yes
NF rarely required for you to go to DSU
RH anaesthetic placements 2021/22.
NF more calls, getting trolleys
NF you made a point of coming more to DSU ?
RH no
NF you say you avoided as to ‘avoid bigotry and hatred against me’
RH I was looking for trolleys.
NF But you say had a reason for just turning up on the ward
RH don’t recall it happened many times.
NF ‘looks’ ?
RH I didn’t know who any staff were.
NF you ended up at DSU
RH I went range of places and coordinator suggested that.
NF why not go elsewhere?
RH DSU closer
NF you say I went to SEAL and there was a nurse there.
RH she took me to ward 14. I was accompanied by the nurse. I was given one
NF we’ve heard before that you asked for a consent form and she said we don’t have paediatric ones .
RH no I got one
NF you came back with Ms Henderson. Same day you met two DSU nurses in corridor and again gave them a hard stare.
RH I had to reason to give them a hard stare
NF some weeks later, posters were put up. Please go to interview you gave during investigation. (Reads)
NF 18 November 2024. You were asked about the posters. You say the first I saw was a photo on social media. You say I rang and asked for it to be taken down. Did you know who put poster up. You say good intentions?
RH I don’t know who but there were a few people who were supportive.
J we’ll have lunch now. Resume at 2pm. Orderly exit from the room please.
Typo above - should read RH I had no reason to give them a hard stare
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We will shortly return for the second morning session on day 11 of evidence in the employment tribunal of Ms B Hutchison & others v County Durham and Darlington NHS Foundation Trust.
[We return but no visuals]
NF I'm taking u to another correction of Miss Naylors piece [reads re bio sex and husbands] U put her down as withdrawn
Yes
NF Were u shaw she'd done this?
Yes
NF To p436. An email from another sig
NF Another signatory regarding the process. I'll give you a moment to read this. She was also marked as withdrawn
Yes
NF [reads] She's making it clear she has a concern and wants Rose in a different facility. In repsonse u write at p437
We will shortly be live tweeting the morning session of day 11 of evidence from the hearing of Ms B Hutchison & others v County Durham and Darlington NHS Foundation Trust being held at Newcastle Employment Tribunal.
A group of nurses from Darlington Memorial Hospital, are bringing this ET against their employers alleging sexual harassment & sex discrimination.
It concerns the Trust’s policy of allowing a male colleague Rose Henderson, identifying as a woman, to use the F changing room.
Our full coverage of this case and associated press articles can be found at
This is part 2 of the November 4th afternoon session in the case of Ms B Hutchison & others vs Durham & Darlington NHS Trust. Part 1 of this afternoon's hearing is here
The court is taking a short break at present. Cross-examination of Rose Henderson (RH) by the claimant's barrister Niazi Fetto KC (NF) has completed; after the break we will hear any questions from the Judge and panel and any re-examination by Simon Cheetham KC (SC) for the respondents.
Good afternoon; welcome to the afternoon session on 4th November in the case of Ms B Hutchinson & others vs County Durham and Darlington NHS Foundation Trust at Employment Tribunal.
When the hearing resumes at 2pm, Rose Henderson (the male colleague whose use of the female changing room at the hospital is the issue before the Tribunal) will continue giving evidence; this began this morning and our coverage is here archive.ph/m70QT
We will be reporting the afternoon session of day 9 of evidence of the hearing of Ms B Hutchison & others v County Durham and Darlington NHS Foundation Trust being held at Newcastle Employment Tribunal.
We report what we hear in good faith but do not provide a verbatim transcript of proceedings
Apologies for the confusion in the previous thread due to the temporary absence of sound. The witness was Claire Gregory (CG) but has also been annotated as SG in error at times.
We will shortly be tweeting the second morning session of day 9 of evidence from the hearing Ms b Hutchinson v County Durham and Darlington NHS Foundation Trust. Our full coverage is available on our Substack tribunaltweets.substack.com
References to unknown Cropper ? name above is likely to be Helen Coppock, Associate Director of Nursing (not a tribunal witness)