"Darlington Nurses" vs County Durham and Darlington NHS Trust Tribunal Thread 2

[ThreeWordHarpy]

Link to Thread 1, 7-Oct to 23-Oct; pre-hearing discussion, evidence from KD (Day 1) and BH (Day 2).

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. 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 and at Christian Concern who are supporting the nurses via the CLC.

The hearing started on October 20th, with evidence starting on October 22nd and is scheduled to last 3 weeks. To view the hearing online, requests for access had to be made by October 17th. The hearing is being live tweeted by Tribunal Tweets who have background to this case on their substack. An alternative to X is to use Nitter: nitter.net/tribunaltweets or nitter.poast.org/tribunaltweets

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. Commentary on the content of TT tweets is fine as soon as they’re posted on X.

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

AT Tim Keogh from Kind Life had given a talk about kindness and having difficult convos. How ppl might make u feel. Earlier person asked Mr Keogh to our Leading a Highly Reliable Org training. For leaders across staff gps. We commisioned him to train the whole trust

What a bloody waste of money.

The reference to JKR was a cheap unnecessary remark and the fact that he thought it worth making for
'the theatre' has lowered him in my estimation.
I'm observing and his tone was dismissive and disparaging.
He's been quite snippy this morning. No coincidence that it's his witnesses from now on and the heat will turn on them.

https://www.akind.life/

This is the org.

Another waste of taxpayers money?

Who is claiming the PC of disability? Reasonable adjustments only apply to disability.

Tim Keogh is the Kindness trainer.

AT In March 24 we set up training from Sept 24 and everyone invited to take part. Over 5000 of nearly 8000 staff attended one of the series of workshops. J Saying for yr benefit, we've noticed some page no typos. Para 21 p127 and page ref is p248. Isn't correct and para 20

We'll check these thank you NF Confirms title. USed to be called Dir of HR Yes NF U describe yr various responsibilities. U answered re training. Type of thing yr job involved AT AN aspect. Also People MAtter startegy. We develop strat that fit w our values

I have a deep suspicion of anyone who tells you to ‘be kind’, even more so when they are telling vulnerable women and girls to be so.

A bit more expansive than that, the claimants appears to add a complaint that the reasonable adjustment” for RH to use female CR was not a reasonable one.

I could be wrong.

JP is an expert witness. She's not 'for' either side.

I do some expert witness work myself - sometimes the parties appoint 'duelling' experts who each write a report, then meet and prepare a joint report. You can 'dissent' from the joint report but that's usually quite short.

The parties can agree on a single expert and both will give instructions as to what they want addressed.

Talking of throwaway comments - SC, the mere 'children's author's' is 88m, how big is yours?

NF So not just Sx and Gx? AT Yes NF SO between 7.5-8k staff affected by yr decisions Yes NF This claim brought by F employees. My case was heavily pruned b4 the break. The case concerns permitting a bio M to use the CR and Rose's conduct within it

so RH has claimed disability?

NF Yr nodding. Is it permissible for F to expect a F CR to not encounter a bio men? AT I guess it wld be NF Wld u expect a F to become distressed by undressing infront of a bio M Yes, and wld expect the other way NF U say u see yr workforce thru the lens of a mans distress

It nearly killed him to admit to that.

NF being the same as a womans? AT If discomfort undressing wld equally apply to a man NF The same degree? Not made ref to degree NF Not their partner? Yes NF Wld a F employee be expected to be upset w an unknow man in her prescence whilst undressinf?

This is great. He's a terrible witness.

So he thinks a man would be just as distressed at undressing in front of women.

What a twat. No comprehension.

Is there a new thread set up and ready to go?

He’s a misogynist.

@RoostingHens No claimants are saying it was not a reasonable adjustment to allow RH in women's changing rooms, reasonable adjustments could stretch beyond disability, such as at a guess gender reassignment.

Not under the equality act it can’t.

@ThreeWordHarpy ?
If not, I can set one up?

I’m not sure he’s ever even thought about women’s experience before.