Darlington nurses win their employment tribunal

It would be wonderful if some senior managers were fired as a result of this. Things won't improve for women until those responsible for creating a humiliating and hostile environment for women start losing their jobs.

No one would mistake a 'surgical penis' for an actual penis. And no one should be flashing anyway.

Its the top post in the transgenderuk subreddit at the moment.

And I don't think they realise what they're advocating for. They think there should be a men's, a women's, and a TERF / transphobe option. In their mind, this means that its the TERFs that are being segregated there, without realising that that's what Gender Critical women actually want, to not have to share a toilet with men.

The mental gymnastics are impressive.

Are you trying to "gotcha" this victory?

Sour grapes.

So even if they are post op it's okay for them to strip off and show their male genitals?

That's not how reddit is presenting it, they are claiming the tribunal said the nurses needed to broaden their mindset and be educated etc

Really there need to be actual firings.

Senior managers knowingly broke the law. They knowing created a hostile and degrading environment for frontline female staff. They need to be publicly humiliated for demanding these poor nurses strip in front of a male colleague just because the senior managers wanted them to do so. They belittled and shamed these women, gaslit, coerced them and made their daily work so much harder by forcing them to change in an inappropriate space.

Their actions regarding Karen's Danson's operation should result in criminal charges because they were acting to commit assault upon her knowing she did not consent to 'Rose' participating. It's outrageous. The police should really be involved. This was complete abuse of power and failure to safeguard a patient.

We need proper accountability back in the NHS or I fear it's toast.

The average transman in the UK is all of 5 foot 2 and they very rarely pass, because they tend to have narrow shoulders, wide hips, female features and tiny hands and feet.
But the Supreme court ruling makes it clear that in the rare cases where a transman passes enough to cause alarm to women and girls then a third space will be necessary.

@OpheliaWitchoftheWoodscan you link the reddit discussion? that’s a very GC position for Reddit to be taking, to be advocating for third spaces!! What do they propose that third space is called, I wonder!? Because if it says “women”, then how are they defining women!

You don't have to write woman in quote marks. They are women.

Kemp is probably half way down a bottle of gin.

Oh wow! 👏👏👏

They are biological women's so they use the women's. We want to keep mem out of the women's changing rooms not women.

I thought this bit from the press release was interesting:

"In contrast to the recent decision in a similar case in Scotland, Sandie Peggie v Fife NHS Trust, the Tribunal clearly declared that the law leaves no scope for permitting men to use a female changing room based on their ‘gender identity’ or under any other pretext.
The Tribunal disbelieved the HR manager, Ms Atkinson, who denied telling the nurses who raised concerns that they needed to be ‘educated’, ‘broaden their mindset’, ‘compromise’ and be ‘inclusive.’"

Just out of curiosity, which changing room do trans men need to use? Would any females mind a male presenting 'woman' using their changing room and WC?

"Jessica" Yaniv vibes with this one.

Just saw this.

Thank God. History will look back on this as possibly the stupidest period of our existence.

And then Rose would try to get into that space for validation and round and round and round we go. Consenting women, however few or many of them there may be, aren't what Rose wants.

"The Tribunal’s judgment concludes: “We were unclear what was meant by the submission that the policy was ‘lawful’ and deeper consideration of the argument led us to conclude that the policy of permitting biological males who identify as women to use a female changing room was not ‘lawful’.” The judgment then points out that the Workplace (Health, Safety and Welfare) Regulations 1992 requires an employer to provide changing facilities which “include separate facilities for, or separate use of facilities by, men and women where necessary or reasons of propriety”."

This is great news.

I wonder if anyone at Darlington will take early retirement as a result of this?

from BBC - judgement summary

1. The Judgment of the Tribunal is:
2. 1. The complaints of harassment related to sex and/or gender reassignment are well founded in part and succeed to the extent set out in paragraph 1.1 and 1.2 of this judgment:
3. 1.1 By requiring the Claimants to share a changing room with a biological male trans woman as pleaded in paragraph 23(a) of the Amended Particulars of Claim, the Respondent engaged in unwanted conduct related to sex and gender reassignment which had the effect of violating the dignity of the Claimants and creating for the Claimants a hostile, humiliating and degrading environment.
4. 1.2 By not taking seriously and declining to address the Claimants’ concerns of August and September 2023 and of 04 April 2024, Case Number: 2501192/2024 & others 2 regarding that part of the Transition in the Workplace Policy that afforded biological males access to the female changing room, the Respondent engaged in unwanted conduct related to sex and gender reassignment which had the effect of creating for the Claimants a hostile and intimidating environment.
5. 2. The complaints of indirect sex discrimination are well founded and succeed.
6. 3. The complaints of harassment in so far as they relate to the use of the female changing room by and the conduct of Rose Henderson whilst so using the changing room as pleaded in paragraph 23(b) of the Amended Particulars of Claim, are not well founded and are dismissed.
7. 4. The complaints of harassment in so far as they relate to the conduct of Rose Henderson outside the changing room as pleaded in paragraph 23(e) of the Amended Particulars of Claim are not well founded and are dismissed.
8. 5. The complaints of harassment in so far as they relate to the conduct of the Respondent pleaded in paragraph 23(d), (f), (h, (i), (j) and (k) are not well founded and are dismissed.
9. 6. The complaints of victimisation are not well founded and are dismissed.
10. 7. This judgment is in respect of all claimants with the exception of Joanne Bradbury, whose claim is currently stayed.
11. Share
12. Judgement in Darlington nurses case landspublished at 11:20
13. 11:20Breaking
14. The tribunal judgement into the case brought by eight nurses against the Darlington and County Durham NHS Trust has just landed.
15. Our colleagues are currently working their way through the judgement and will bring you all the key lines as they get them - stick with us.