'Vindictive' NHS could still punish trans row nurses for 'speaking the truth'
'Vindictive' NHS could still punish victorious trans row nurses for 'speaking the truth'
EXCLUSIVE: Seven nurses who were forced to go to court for the right to undress at work without a man loitering in their single sex changing room face disciplinary action.
Share Article Facebook X LinkedIn Reddit Bluesky Email Copy Link Link copied
Add us as preferred source Comments By Giles Sheldrick 12:33, Wed, Jul 1, 2026 Updated: 12:34, Wed, Jul 1, 2026 
A failing NHS trust could yet discipline nurses who won the right to ban a trans-identifying man from using a female-only changing room.
County Durham and Darlington NHS Foundation Trust allowed a male nurse called Rose Henderson to use single sex facilities in accordance with its transitioning in the workplace policy.
But he has an outstanding grievance lodged against 26 nurses who originally signed a letter of complaint.
It means sanctions could be imposed despite the trust apologising to and paying damages.
The extraordinary development comes after the Express revealed how the organisation is liable for as much as £1.25m, including legal costs, as a result of its doomed battle against seven of the 26 women who put their names to the letter in March 2024.
In January this year an employment tribunal found they were victims of unlawful discrimination.
Bethany Hutchison, Lisa Lockey, Karen Danson, Tracy Hooper, Annice Grundy, Carly Hoy and Jane Peveller - still employed at Darlington Memorial Hospital - won a £187,833.58 settlement, a public apology, and an assurance the policy that sparked the legal battle would be axed.
We use your sign-up to provide content in ways you've consented to and to improve our understanding of you. This may include adverts from us and 3rd parties based on our understanding. You can unsubscribe at any time. Read our Privacy Policy
Mum-of-two Ms Hutchison told the Express: “After everything we have been through it is astonishing County Durham and Darlington NHS Foundation Trust is still refusing to rule out taking disciplinary action against us.
“The trust has apologised. It has paid damages. It has accepted our concerns were not properly heard. An employment tribunal found we were subjected to harassment and unlawful discrimination. Yet somehow, even now, the trust appears to be keeping open the possibility of punishing the very nurses who were vindicated.”
She added: “We brought this case because we believed female nurses have the right to dignity, privacy and safety at work. We spoke publicly because women across the NHS were watching, and because many are too afraid to speak up themselves.
“If nurses can win in court, receive an apology, and still face the threat of disciplinary action for telling the truth about what happened to them, then what message does that send to women across the NHS?
“This has never just been about us. It is about whether ordinary women in public service are allowed to raise safeguarding and dignity concerns without fear of being silenced, punished or professionally destroyed.
“The trust should immediately and publicly rule out any disciplinary action against us. Anything less would be a continuation of the same culture that led to this case in the first place.”
The Express twice asked the trust to confirm whether it had categorically ruled out taking any further action against the female nurses but failed to receive an answer.
Separately, Bethany, Annice, Lisa and Tracy all have Nursing and Midwifery Council misconduct investigations hanging over them.
The nurses fear vindictive bosses across the NHS are deliberately dragging their heels despite last year's Supreme Court biological ruling which stated that sex in law means biological sex.
They are now set to meet Dr Mary-Ann Stephenson, Chair of the Equality and Human Rights Commission, to discuss public sector workplace policies that continue to fail to respect sex-based protections.
Dr Stephenson has been told how NHS staff continue to experience “confusion, distress, and rights violations caused by inconsistent and, in many cases, unlawful policies operating across different trusts”.
The EHRC has been urged to bring “clarity and reassurance” where chaos and confusion exist.
Andrea Williams, chief executive of the Christian Legal Centre which is repressing the women, said: “This is not the behaviour of an institution that has learned lessons. It is the behaviour of an institution still determined to control, silence and punish women who dared to tell the truth.
“These nurses are not the wrongdoers. They are the victims of unlawful treatment. They had to fight their own employer for the most basic right to dignity, privacy and single-sex spaces at work, and they won. For the trust now to leave the threat of disciplinary action hanging over them is vindictive, chilling and completely unacceptable.
“This case should have been a turning point for the NHS. Instead, the trust appears to be sending a warning to nurses across the country: even if you are proved right, even if your employer apologises, even if the law vindicates you, you may still be punished if you speak out.
“That cannot be allowed to stand. The trust must immediately and publicly rule out any disciplinary action against these courageous nurses and commit to protecting, not persecuting, staff who raise lawful concerns about women’s dignity, privacy and safety.”
The Care Quality Commission now ranks the trust as inadequately well-led.
The regulator served a warning notice in December over concerns about the organisation's governance systems, management of identified risk, and the processes for learning from incidents and complaints. Its decision to downgrade the trust, which employs more than 7,500 people, was only made public this month.
It said: "Following the judgment we issued updated guidance to colleagues confirming that single-sex changing facilities are provided and used on the basis of biological sex. Where practicable, we have also introduced additional single-occupancy changing facilities which can be used by any colleague.
"We recognise that our facilities can continue to be improved and remain committed to reviewing them. We are also ensuring that the learning from this case is reflected in our guidance, training and policies, while keeping national guidance under review.”
Exclusive: Darlington nurses fight for female-only changing room
Badenoch blasts 'moaning' female Labour MPs over Burnham jobs 'quota'
Kemi Badenoch has told Labour women to earn a job in Andy Burnham's Cabinet instead of demanding they are handed jobs because of their gender.
The Tory leader lashed out today amid reports that female MPs are demanding the de-facto new prime minister introduce a 50:50 gender split 'quota' in his government.
Amid reports that former foreign secretary David Miliband is being lined up to return to the role, possibly with his brother Ed as Chancellor, one female minister also complained that Burnham could not have 'more Milibands than women' in the top posts.
But in a scathing article in the Times today Mrs Badenoch told them to 'stop moaning' and get chosen on merit instead of retreating into 'more of the failed identity politics that is holding back our country'.
'There are many, many reasons why you shouldn't have any Milibands in the cabinet,' she said.
'But complaining that the boys haven't given them the right jobs or that the boys are taking all the jobs, just shows that Labour's women still don't get it.'
The idea of quotas was also attacked by Baroness Jacqui Smith, Labour's Skills Minister.
Asked by Times Radio if Mr Burnham should reserve jobs for women, she said: 'No, I think what Andy Burnham should be doing is building the very best team around him to change this country.'
A letter written by the Women's Parliamentary Labour Party has called on Mr Burnham to ensure a 50:50 split between men and women in government jobs
Amid reports that former foreign secretary David Miliband (above, right, in 2010) is being lined up to return to the role, possibly with his brother Ed as Chancellor, one female minister complained that Burnham could not have 'more Milibands than women' in the top posts
But Mrs Badenoch told them to pipe down and get chosen on merit instead of retreating into 'more of the failed identity politics that is holding back our country'
A letter written by the Women's Parliamentary Labour Party and seen by the BBC has called on Mr Burnham to ensure a 50:50 split between men and women in government jobs after he succeeds Sir Keir Starmer.
'We are asking you to demonstrate this change from day one and address the toxicity and misogyny within our own party and government,' it said.
Labour has never had a female leader, while the Conservatives have had three, and Mrs Badenoch urged the government to follow its meritocratic example.
'If you run a meritocracy, then you do not have to worry about jobs for the boys,' she wrote.
'Every woman who is a Conservative MP, every woman who has ever won the leadership, has had to fight to get where she is.
'By contrast, Labour women are demanding guarantees from Burnham. But the truth is he doesn't have to give any guarantees.
'If none of Labour's women are prepared to get their hands dirty and challenge him for the leadership, their demands are toothless.'
'In fact, it's quite revealing that the women's parliamentary Labour Party has written to Burnham asking him to commit himself to at least 50 per cent female ministers.
'This has nothing to do with meritocracy. It is yet more of the failed identity politics that is holding back our country.'
