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Feminism: Sex and gender discussions

"Darlington Nurses" vs County Durham and Darlington NHS Trust Tribunal Thread 9

419 replies

ThreeWordHarpy · 16/01/2026 12:36

Thread 1, 7-Oct to 23-Oct
Thread 2, 23-Oct to 28-Oct
Thread 3, 28-Oct to 29-Oct
Thread 4, 29-Oct to 31-Oct
Thread 5, 31-Oct to 04-Nov
Thread 6, 04-Nov to 05-Nov
Thread 7, 05-Nov to 11-Nov
Thread 8, 11-Nov to 16-Jan (last thread with the schedule and abbreviations)

Five nurses working at Darlington Memorial Hospital filed a legal case against their employer, an NHS trust, for sexual harassment and sex discrimination. The nurses objected to sharing the women’s changing facilities with a male colleague, Rose, who identifies as female. The hearing was held between 20th October and 11th November and was live tweeted by Tribunal Tweets who have comprehensive information regarding this case on their substack, including archives of the twitter threads, lists of people involved and press releases.

At the time this thread was started, the judgment had not yet been published on the Courts website but was widely reported in the media that the NHS was found to have discriminated against the nurses, but the claims against Rose were not upheld.

OP posts:
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19
nauticant · 19/01/2026 10:29

Ahh, just a chat with the BBC's Health Correspondent, Dominic Hughes.

nauticant · 19/01/2026 10:27

The story is on Woman's Hour now.

FaithHopeCarnage · 19/01/2026 10:22

Bethany and another of the Darlington Nurses were on GMB this morning, and got a surprisingly sympathetic interview. I wasn’t listening too closely (because 7.15am) but there didn’t appear to be any pushback from Susanna Reid and Ed Balls about the poor menz. I’ve linked a clip that I haven’t watched, but a couple of the comments are interesting.

- YouTube

Enjoy the videos and music that you love, upload original content and share it all with friends, family and the world on YouTube.

https://www.youtube.com/watch?v=CciU3eMtJQ4

nauticant · 19/01/2026 10:15

They won't necessarily have any of the nurses on. It might just be a BBC social affairs correspondent giving a run-through while Nuala McGovern makes noises of concern.

Hedgehogforshort · 19/01/2026 10:10

Pretty sure Beth will give it her best and now she is visibly more confident

Brefugee · 19/01/2026 10:09

that, @nauticant sounds very much like the triumph of hope over experience.

nauticant · 19/01/2026 10:04

The Darlington nurses' case is going to get another hearing on Woman's Hour this morning. I wonder if it'll be treated with less contempt than the previous handling.

nauticant · 18/01/2026 21:03

Two of the Darlo nurses were interviewed on Free Speech Nation:

It's the first thing on the show so easy to find. Maybe around 7 minutes in to the video.

EmmyFr · 18/01/2026 19:28

@Forester1 yes, I wholeheartedly agree. That being said, not being decent (and Henderson certainly hasn't been, unlike the other TIM mentioned in passing in the judgment who never entered the changing room) is not a punishable offence and would not necessarily be harassment.

The positive thing is that TRA cannot claim it's a judgment against a bad sheep and they can't victimize him.

Forester1 · 18/01/2026 18:41

Re the walking down the dark quiet road analogy I think Roses behaviour is akin to a man walking down one side of the street, a lone woman walking in the opposite direction on the other side of the street. And just when they’re reaching the same point the man crosses the road to be on the same side as the woman. Most women would feel increasingly threatened by that action irrespective of the intentions of the man. Decent men recognise that and wouldn’t cross the road at that point.

ItsCoolForCats · 18/01/2026 18:12

Londonmummy66 · 18/01/2026 17:53

Yes it is and she is still a long way short of her target. I've just celebrated the Darlington judgement with some carrots for Faye. Just thought I'd mention it as others might be able/willing to do the same.

Thanks. Just found her page online.

Londonmummy66 · 18/01/2026 17:53

ItsCoolForCats · 18/01/2026 16:29

Is the Faye Caldicott case NHS as well? I think that's due to be heard soon.

Yes it is and she is still a long way short of her target. I've just celebrated the Darlington judgement with some carrots for Faye. Just thought I'd mention it as others might be able/willing to do the same.

ItsCoolForCats · 18/01/2026 16:29

Is the Faye Caldicott case NHS as well? I think that's due to be heard soon.

ItsCoolForCats · 18/01/2026 16:28

https://www.thenorthernecho.co.uk/news/25774775.employers-told-look-single-sex-space-policies/?ref=cprfa

This comment is infuriating:

An NHS spokesman said: “We are working through the implications of the Supreme Court ruling, and we absolutely recognise the need for revised guidance on same-sex accommodation as soon as possible.
“It’s important that we wait for the Equality and Human Rights Commission to publish its statutory guidance following the Supreme Court’s judgment before final decisions about future policy are taken – but we are working closely with Government to ensure we can provide updated guidance for the health service as soon as possible.”

They are still working through the implications of the SC judgement, coming up to a year later 🤔 This judgement should be a wake up call that their policy is unlawful, but they still have to wait for the EHRC code of practice, which Bridget Phillipson is refusing to lay before parliament.

Employers told to look at single-sex space policies after Darlington nurses tribunal

Employers have been told they need to look at their policies on single-sex spaces after an employment tribunal involving nurses at Darlington…

https://www.thenorthernecho.co.uk/news/25774775.employers-told-look-single-sex-space-policies/?ref=cprfa

Ereshkigalangcleg · 18/01/2026 16:26

ScrollingLeaves · 18/01/2026 16:22

If the employer's policies are reasonable and lawful, and their enforcement of those policies is robust, that's all that's needed from a legal viewpoint, I think.

I think that has to be the point.

If the changing rooms are for women, then transwomen may not use them. That is all that matters.

If a transwoman is a kind, nice, considerate man that still does not mean he can use the women’s changing rooms. Neither may he if he looks very pretty and quite feminine, as that still does not make any difference: he is a man and men are not allowed.

I agree, it’s just a case of convincing people that men are not allowed in women’s spaces. No small matter!

ScrollingLeaves · 18/01/2026 16:22

SqueakyDinosaur · 18/01/2026 10:29

Much though I'd find it satisfying to see the likes of DrU and Rose getting a ticking-off in the judgment, it's much more important that the employer carries the can.

ETs are about disputes between employee and employer. If the employer's policies are reasonable and lawful, and their enforcement of those policies is robust, that's all that's needed from a legal viewpoint, I think.

If the employer's policies are reasonable and lawful, and their enforcement of those policies is robust, that's all that's needed from a legal viewpoint, I think.

I think that has to be the point.

If the changing rooms are for women, then transwomen may not use them. That is all that matters.

If a transwoman is a kind, nice, considerate man that still does not mean he can use the women’s changing rooms. Neither may he if he looks very pretty and quite feminine, as that still does not make any difference: he is a man and men are not allowed.

Needmoresleep · 18/01/2026 16:18

Like with failing socialist states we seem to be ending up with a nomenklatura. A bureaucratic class which forms a power elite within our government, civil service and public sector including unions. Their interest is not the working class they claim to serve but preserving their own power. What better way to ensure ordinary women know their place than by humiliating them in changing rooms. Or calling out academics for wrong speech, etc.

The NHS in particular does not seem to care about the people at the coal face. Those working nights in A&E on Christmas eve. Its not just the trans issue. Ordinary workers don't count, even consultants are thought of in terms of numbers. No wonder productivity is falling.

Until our nomenklatura starts valuing the dedicated people who contribute to our society, things will get worse.

ItsCoolForCats · 18/01/2026 16:14

SecretSquirrelLoo · 18/01/2026 16:10

Time for a discrimination case against the union?

Fiona Macdonald is suing PCS (you can Google her case) and Sandie Peggie is suing the RCN, but there really needs to be a case brought against Unison.

SecretSquirrelLoo · 18/01/2026 16:10

Time for a discrimination case against the union?

MoistVonL · 18/01/2026 16:02

Forester1 · 18/01/2026 15:59

Not even an attempt to acknowledge that there may be different and very valid views.

Because they are misogynistic shits who don't give a stuff about the working class women they are meant to protect.

Forester1 · 18/01/2026 15:59

ItsCoolForCats · 18/01/2026 14:55

Unison's statement on the judgement:

https://www.unison.org.uk/news/article/2026/01/unison-statement-on-nhs-legal-case/

Basically, we haven't read it yet because it's too long but we stand by our trans and non-binary members (but not women who want the single spaces they are entitled to in law). Bastards.

Not even an attempt to acknowledge that there may be different and very valid views.

moto748e · 18/01/2026 15:36

Useless unions.

ItsCoolForCats · 18/01/2026 14:55

Unison's statement on the judgement:

https://www.unison.org.uk/news/article/2026/01/unison-statement-on-nhs-legal-case/

Basically, we haven't read it yet because it's too long but we stand by our trans and non-binary members (but not women who want the single spaces they are entitled to in law). Bastards.

UNISON statement on NHS legal case - UNISON National

The union stands by its beliefs in the rights of our trans, non-binary and gender diverse members

https://www.unison.org.uk/news/article/2026/01/unison-statement-on-nhs-legal-case

Ereshkigalangcleg · 18/01/2026 14:09

MyrtleLion · 18/01/2026 13:06

None of the three cases are binding until the Employment Appeal Trubunal rules on them.

However, this case does correctly apply FWS, so employers should be wary of continuing as before. Even in Sandie Peggie's case, she won on harassment by Fife NHS and their costs have been considerable. The finding the Upton should have changed elsewhere while they investigated is not insignificant.

The safest form of action for employers is to find private neutral spaces for trans-identifying staff to use. If those staff complain under the Equality Act or Article 8 of the Human Rights Act, they are on much more secure footing. And we would get judgments from the different perspectives of trans Claimants.

Jolyon etc are treating it as “two out of three to us”.

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