Nurse 'feared being labelled a bigot' in transgender case, employment tribunal hears

A nurse has told an employment tribunal she feared being labelled a "bigot or transphobic" by challenging her hospital trust over its policy of allowing a transgender colleague to use female changing-rooms.

Tracey Hooper is one of seven nurses taking action against County Durham and Darlington NHS Foundation Trust.

They are claiming sexual harassment, discrimination, victimisation and breaches of the right to a private life. They argue they have suffered anxiety, distress and feel unsafe at work.

The group says 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.

They claim that Rose Henderson has a girlfriend and that the couple hoped to conceive a child, implying that "he is a sexually active biological male".

The tribunal in Newcastle heard details from Ms Hooper's witness statement, in which she described being in the female changing rooms in the summer of 2023.

She said: "I could not believe it. He [Rose Henderson] 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."

Fear of 'bigot' label

Ms Hooper, 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 [Rose Henderson] to be in our changing room. I thought that if I spoke up about it, it would be seen as offensive."

Ms Hooper said her view changed when other colleagues referred to Rose Henderson's 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".

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Ms Hooper said that in July 2024 the trust made a manager's old office - the size of a small box bedroom - into an alternative changing-room, but she said it was unsuitable as it opened directly onto a corridor.

'We felt humiliated, ostracised'

She said: "Although some of us, including me, chose to use this room rather than risk stripping off in front of RH [Rose Henderson], 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."

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".

Last week, the tribunal heard evidence from other claimants, including nurse Bethany Hutchison, who said she became frustrated by bosses' "lack of compassion, concern and respect" over the issue.

Another colleague, Karen Danson, told the tribunal that Rose Henderson asked her three times if she was getting changed when they were alone together in the changing room.

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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