"Darlington Nurses" vs County Durham and Darlington NHS Trust Tribunal Thread 4

[ThreeWordHarpy]

Thread 1, 7-Oct to 23-Oct; pre-hearing discussion, KD (day 1 of evidence) and BH (day 2).
Thread 2, 23-Oct to 28-Oct; BH (day 2), CH, JP, MG (day 3&4), TH, SS, ST, LL (day 4), JS, AT (day 5)
Thread 3, 28-Oct to 29-Oct, AT (day 5&6), TA (day 6)

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 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 Seamus Sweeney
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
SW - Sue Williams, NHS Trust HR
KD – Karen Danson, first claimant to give evidence.
BH – Bethany Hutchison, claimant
AH – Alistair Hutchison, husband of Bethany
CH – Carly Hoy, claimant
JP – Jane Peveller, claimant
MG – Mary Anne (aka Annice) Grundy, claimant
TH – Tracy Hooper, claimant
SS – Siobhan Sinclair, witness for the claimants, retired from Trust
ST – Sharron Trevarrow, witness for the claimants, retired from Trust, former housekeeper and wellbeing officer
LL – Lisa Lockey, claimant
JP – Professor Jo Phoenix, expert witness
JS – Jane Shields, witness for the claimants
AT - Andrew Thacker, witness for the respondents, NHS trust Head of HR
TA – Tracy Atkinson, witness for the respondents, NHS trust HR.

There seems to be a fifth columnist in their ranks

Still, he's not half as uncomfortable as women being forced to undress in the same room as a man.

Well he has acknowledged earlier that a response was not adequate, and he has given one-syllable negative answers when asked if he had done things he might be expected to do.
So maybe there's a grain of recognition...

I think his evidence was reasonably straight and a massive contrast to TA.

NF did the trust at any point offer Rose an alternative?
AM I think there was something offered.
NF this was around July 25?

July 25!!

No he's utterly fed up. Thinking "why was I put on the hot seat?"

Does anyone get a disheleved Keir Starmer vibe from his appearance?

Witness is squirming, moving around in his chair, red faced, touching his face, touching his clothes when he isn't reading the evidence bundle. His collar and tie are loosened.

Andrew Thacker was Mr Sullen and Lumpen.

This one was twisty and uncomfortable.

I expect a “kindness and rightthink” group will be winging its way from W1A up north as we speak.

J Pat Winter now retired, most of the work had been done. Para 55 each policy has a control sheet. Sets out who’s responsible for the policy. Who is responsible after ratification?
AM policy creator is what I meant.
J it says once policy developed. If you’ve created it. So it’s just bad wording?
AM yes

'J Well at least you're honest, Moore, but it's not good enough. I'm more disappointed than angry. See me after class'😁

We were going to look at the hospital floorplan and hope someone could suggest a reasonable solution.

As a mere band 6 - not in legal, finance or HR - I regularly found myself explaining policies and legislation to people who were in those departments and were several bands higher.

TT

NF two issues, use and behaviour. They said Can’t we have a TG CR, you said we’re going to see what we might be able to agree, or not.
AM I was identified as a point of contact. Anyone who needs support should be given it.
NF did the trust at any point offer Rose an alternative?
AM I think there was something offered.
NF this was around July 25?
AM I was going to be but I wasn’tZ

(NN, Scribe - I don't understand this last line

Now the J's questions)

J Pat Winter now retired, most of the work had been done. Para 55 each policy has a control sheet. Sets out who’s responsible for the policy. Who is responsible after ratification?
AM policy creator is what I meant.
J it says once policy developed. If you’ve created it. So it’s just bad wording?
AM yes

J I was going to ask. Mrs Atkinson after 20 May was to speak to Rose but didn’t because of allegations in media. Do you know if anyone then spoke to Rose about what solution might be? AM don’t know

I might go searching for a detailed floorplan, but this is the high-level one: https://www.cddft.nhs.uk/patients-and-visitors/our-hospitals/university-hospital-north-durham

I love this judge

Judge asking the questions we're always asking

Yes I do too 😀

The judge nailing it 👏

Me too. I’d like to take him out for a drink.

Judge asking the essential questions here.

No critical thinking applied or even a smidgeon of curiosity 😩😩😩😩

I'm breaking my silence to say:

Oh my god! I love these questions from the judge!

J under that policy help us understand is there any process for the declaration?

AM No

J what does it mean living as the other gender? Can you not help?

AM no

ed as got initials ass backwards

You'll never get a job in NHS Work Experience - you should have taken at least 18 months to find that.

I think this Judge is overtaking EJ Goodman to be my favourite judge.