After being ignored, forced through legal proceedings and made to fight for their livelihoods over gender ideology, seven English nurses have secured A$350,000 in compensation, an apology and a commitment to separate male and female changing facilities from a UK National Health Service (NHS) Trust.
County Durham and Darlington NHS Foundation Trust agreed to the settlement with the so-called ‘Darlington Nurses’, following their landmark Employment Tribunal victory in January.
The judge found that the nurses had been unlawfully discriminated against by the Trust in addressing their complaint about having to share changing facilities with a large male medical practitioner who identified as a woman, but had not physically transitioned.
The judgement said the Trust had “engaged in unwanted conduct by not taking seriously the nurses’ concerns which had the effect of violating their dignity and creating a hostile, humiliating and degrading environment”.
“REAL SCANDAL IS THAT THE NURSES WERE FORCED INTO THIS ORDEAL”
Christian Concern which supported the nurses said the Trust has already spent nearly A$1.2 million in legal costs defending its actions.
Further legal costs are still to be decided and UK taxpayers could end up paying millions on this case.
A British MP from Northern Ireland Carla Lockhart said that the money could have been better spent on patient care, staff, equipment or reducing waiting lists.
She added: “The real scandal isn’t that these nurses stood up for themselves. It’s that they had to.”
“They have been vindicated. Their courage, resilience and determination have paid off, and common sense has finally prevailed.”
“A huge congratulations to every one of these women. They refused to back down, and they were right not to.”
VICTORY COMPARED TO WOMEN’S RIGHTS STRIKE FOR EQUAL PAY
The leader of the nurses, mother of two Bethany Hutchison, revealed during the legal hearings that her father first suggested that the nurses approach Christian Concern and its sister organisation the Christian Legal Centre to provide them with legal, media and pastoral support from the beginning of their ordeal.
Christian Concern says the case has become one of the most significant legal challenges in recent years concerning the freedom of female staff to access single-sex spaces in the workplace, with the nurses being compared to the history-making Ford Dagenham striking workers who won equal pay for women in 1968.
The Christian advocacy group reports that last week the Care Quality Commission released a report which found the Trust is ‘unsafe’ and has a ‘blame culture’ and is ‘badly led.’
THE NHS TRUST’S APOLOGY TO THE NURSES:
In a formal apology to each of the nurses. the Trust wrote:
“We recognise that we have a responsibility to provide a safe, respectful and inclusive working environment for everyone and the Tribunal’s findings make clear that we did not get this right for you, for which the Trust expresses its sincere apologies.”
“We also acknowledge that in our decision making, we did not adequately consider your concerns, formally or informally and we sincerely regret that we were unable to get this right.”
“In light of the judgment, we have reviewed our policies and the changes that have already been put in place and will consider what facilities are required to follow the Tribunal’s findings in a way that is respectful to all of our colleagues.”
TRUST ACKNOWLEDGES THE “DIFFICULT AND DISTRESSING EXPERIENCE”
“We know that this has been a difficult and distressing experience for you.”
“We also recognise that, at times, your concerns were not fully heard or addressed in a timely or sensitive manner, and we regret the impact this had on you and colleagues who have been affected by this process and subsequent judgment.”
As part of the settlement, the Trust also agreed to:
- Provide changing facilities, washing facilities and sanitary conveniences as separate between biological men and biological women.
- Continue to provide suitable and sufficient changing facilities, washing facilities and sanitary conveniences in accordance with its legal obligations.
- Withdraw its policy known as ‘Transitioning in the Workplace policy’.
- Provide suitable training to its management staff based on the lessons learned from the case and the Tribunal judgment.
THE NURSES’ RESPONSE TO THE APOLOGY AND PAYOUT
The nurses leader Bethany Hutchison said: “We have done this, not just for ourselves, but for our colleagues who were too afraid or unable to speak up, and for every woman and girl in the country.”
“We raised our concerns because we believed something was seriously wrong, not just for us, but for the protection of all women in the NHS.”
“Instead of being listened to, we were ignored, labelled, and subjected to pressure and intimidation.”
“This outcome is a vindication of our stand for dignity, privacy, and common sense.”
“We hope it ensures that no woman is ever again made to feel unsafe in her workplace for speaking the truth.”
WHAT THE NURSES’ LEGAL TEAM SAID
Chief Executive of the Christian Legal Centre (CLC), Andrea Williams, said: “This is a landmark victory for these courageous nurses who refused to back down despite extraordinary pressure from an NHS that has fought with everything it has to allow men into women’s changing rooms and to trample over biological reality.”
“The evidence exposed during the trial revealed a deeply concerning culture within the Trust, where safeguarding concerns were minimised and women were marginalised.”
“The law is clear: employers must protect the rights, dignity, and safety of their staff.”
“This case sends a powerful message across the NHS and beyond, that ideology cannot override those fundamental duties.”
LEGAL ACTION MAY STILL NOT BE OVER
The Trust has refused to rule out taking disciplinary action against the nurses for speaking out about their case, despite the Employment Tribunal ruling that going to the media was ‘a protected act’ under law.
UK regulator, the Nurses and Midwifery Council is also considering disciplinary action against the nurses.
The CLC’s Andrea Williams said: “We call upon the Trust to immediately ensure that all NMC disciplinary action against the Darlington nurses for bringing their case is immediately withdrawn.”
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