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

[ThreeWordHarpy]

Five nurses working at Darlington Memorial Hospital have filed a legal case suing their employer, an NHS trust, for sexual harassment and sex discrimination. The nurses object to sharing the women’s changing facilities with a male colleague, “Rose”, who:

• identifies as female
• has not undergone any physical or hormonal transition and has full male genitalia
• has cited inclusivity policies
• is backed by the trust’s HR department
• has been granted access to a single-sex changing room for women.

The NHS trust’s HR department dismissed the nurses’ concerns, stating they should “broaden their mindset” and “be educated”. More details can be found at Sex Matters

The hearing is due to start on October 20th and is scheduled to last 3 weeks. To view the hearing online email: [email protected] [[email protected]] requesting remote access to the case of 2501192/2024 Hutchinson and others Vs County Durham and Darlington NHS Trust, starting 20th October. Also include your full name and your role in the hearing (eg member of the public or observer). Note, it is likely you will need the same full name and email address to log into the hearing, and the name will be visible to other observers.

The hearing will be live tweeted by https://x.com/tribunaltweets. An alternative to Twitter is to use Nitter: nitter.net/tribunaltweets or nitter.poast.org/tribunaltweets. Tribunal Tweets have more background to this case on their substack, including links to their coverage of the earlier hearings.

In earlier hearings reported at http://archive.today/nh5v9, the claimants were supported by the Christian Legal Centre and represented by Pavel Stroilov (solicitor) and Bruno Quentaville (barrister). The respondents were represented by Simon Cheetham KC. We do not know yet if the same representation will be in place for the October hearing

Background information from Christian Concern who are supporting the nurses via the CLC.

Yes @Umbongoumbongo999 it is and the trust covers my geographical area. Any change in policy that may come out of this will impact on many many staff that I know and care about. I hope it makes them think about their patients too, as while I’ve not needed a hospital stay yet I surely will at some point and would like to be confident they know what sex is

A reminder as we gear up for the second day of evidence…

The Judge made clear at the start of the public hearing on Day 1 that only TT or press have permission to tweet. If online observers see/hear something in the court that isn’t reported by TT, we don’t mention it until the next time there’s a break. This is a very cautious approach to avoid any accusations of “live reporting” on MN.

Key people:
C/Ns - Claimants, the Darlington nurses
R/T/Trust - Respondent, County Durham and Darlington NHS Foundation Trust
J/EJ – Judge/Employment Judge
NF - Niazi Fetto KC, barrister for claimants
SC - Simon Cheetham, KC, barrister for respondents
RH - Rose Henderson, trans identifying nurse
CG – Clare Gregory, ward manager
KD – Karen Danson, first claimant to give evidence.
BH – Bethany Hutchison, second claimant to give evidence
AH – Alistair Hutchison, husband of Bethany

Other abbreviations:
WFTCHTJ – Waiting For The Conference Host To Join
ET - Employment Tribunal
DMH/H – Hospital, Darlington Memorial Hospital
CR/CF - changing room or facilities
IX - internal investigation
XX – cross examination

From TT

We will be live tweeting day 2 of evidence from the hearing of Ms B Hutchison & others v County Durham and Darlington NHS Foundation Trust being held at Newcastle Employment Tribunal. We anticipate a 10am start but delays are not unusual.

I am still waiting for discharge from hospital. I will live paste from TT until I leave then pick it up once I'm settled at home. Hopefully someone else can paste when that happens.

I am in now and can hear, but have a black screen.

Loved seeing Sandie in the photos from Iain Masterton yesterday and now today I see Sandie Peggie is sitting in the Tribunal room. She is an incredible supporter. I am so proud of all these women.

Still a black screen, so I left. Back to WFTCHTJ.

Edit: Black screen again. Does anyone have video?

From TT

We are now live.

NF - (to judge) Could I ask you to speak up?
J - slight cold.
Are we ready.
NF - now saying client held GC views. Para 13 (4). "Not in dispute that" - but some are controversial. eg that claimants hold GC views. Certainly not agree that that is correct but my concern is that put to KD

NB I think the person on TT is not posting replies as a thread.

This is making it difficult to ensure I have everything. Hopefully it will be fixed.

@AKnitter Did you join as an observer?

From TT

that she had made up incident in CR. If to be said that all of claimants fabricated allegs re Rose, needs to be said in term

Not asking for ruling having reflected on c/x of first witness.
J - person advancing arg has to put case
NF - yes, and gravity of alleg
SC - not making link between claimant's views.
J - I wondered myself what GC means to people.
NF - thanks.
SC - No qus for Mr Hutchison.
NF - Siobhan Sinclair provided letter from doctor. Has it reached you?

I have visual, it's just switched to view the witness.

Thank you. I’ll keep leaving and rejoining until it works.

Edit: Success!
I’m on an iPad.

@AKnitter Just double check all the boxes to make sure you have the correct settings. Also use chrome browser.

From TT

NF - Letter requests Miss Sinclair be excused.
J - will have a look at it. When was Miss S scheduled?
NF - Monday.

J - Mrs Hutchison? Going to affirm.
(She affirms)

J - take a seat.

J - Lots of lawyers in room - could label bundles V1 and V2 etc. Got bundle?
Bethany Hutchison - Y
NF - Please turn to p4. WS by you. On last page you signature. Contents true?
BH Yes.
NF Plan of CR in bundle. Your name halfway up, Where your locker was?
BH - yes.

I’m still WFTCHTJ.

'I have visual' - Are you doing that pointing-to-both-eyes thing, katmarie?😁

I wonder how big the bundle is in this case, it must be huge.

Thanks. Have advised but the reporter does not always see messages.

If the tweets aren't linked to each other and you have a Twitter account, use this link:
https://x.com/search?q=from%3Atribunaltweets&src=typed_query&f=live

They could do with a large whiteboard and pointy stick for this bit. 😀

Bloody MN formatting, copy this into a browser and then remove the space:
https ://x.com/search?q=from%3Atribunaltweets&src=typed_query&f=live

From TT

NF - Bundle 2 p511.
Para 62 at bottom refer being contacted by retired nurse Siobhan Sinclair (SSin). Do we see that exchange at bottom?
BH - yes.
NF - Re inclusive CR and other room. Take page out. Two sides. Floor plans. 2083. Page no at bottom. Which floor?
BH - 1st floor.
NF - shaded in blue, female SS CR

BH - Yes
NF - Ward 14 marked and DSU
(BH shows where they are on plan)
NF - where is ward 11?
(BH shows)
DSU and Ward 14 same,
NF - Day Surgery Unit - swhat role
BH - recover patients go into recovery area then onto ward 14.
NF - where are theatres? SEAL?

(BH shows) - Stops at double doors
J - nearest ward to SEAL
BH - Here. It stops there.
J - near to anaesthetic room?
(BH shows again)
NF - Paediatrics?
BH - floor above.
NF - red on plan, F CR shown.
BH - Yes.

NF - Single indiv changing facility shown
BH - yes
NF - Now zooming in to f cr and alternative locker room? Was that room in which lockers were put June 2024?

I'm fine with following it, but it makes it more difficult to copy and paste and it won't be able to be consolidated on threadreader.

OMG can you see me?! 😂