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Feminism: Sex and gender discussions

"Darlington Nurses" vs County Durham and Darlington NHS Trust Tribunal Thread 6

1000 replies

ThreeWordHarpy · 04/11/2025 10:44

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&7)
Thread 4, 29-Oct to 31-Oct; TA, AM (day 7) JB (day 8)
Thread 5, 31-Oct to 04-Nov; JB (day 8), SW, CG, JR (day 9)

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, NHS 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, NHS trust Head of HR
TA – Tracy Atkinson, NHS trust HR.
AM – Andrew Moore, NHS Head of Workforce Experience
JB – Jillian Bailey, NHS Workforce Experience Manager
AT – Anna Telfer, NHS Deputy Director of Nursing
SW – Sandra Watson, Matron for General and Elective Surgery
JR – Jodie Robinson, manager of Rose

OP posts:
Thread gallery
29
Hedgehogsrightsarehumanrights · 04/11/2025 15:09

A - not fussy about state of boxers but particular about scrubs

B - if so one would anticipate rummaging around at scrubs box to find suitable scrubs

C- discovers upon putting scrubs on that something wrong

D- would go back to find a better set in not so good ones

E - but instead takes said scrubs back off puts civvies on, returns to corner to conduct whole process again.

yeah righty ho !!!

Chariothorses · 04/11/2025 15:09

@DelusionalBeliefSystemMaintainedByBullying 'I do wonder if any TIMs ...seeing "Rose" being confronted by statement after statement from women who don't like this and are speaking up has given any of them pause.'
I'm sorry to say that breaching womens' boundaries/ privacy and causing distress to women/ girls is often a sought after aim- the lack of respect for women is at the heart of the porn addiction that often leads men to ID as women.

SternJoyousBeev2 · 04/11/2025 15:10

Datun · 04/11/2025 14:56

Sophie gets changed quicker than the bloke who is in the habit of putting his clothes back on before he goes back to the get a different set of scrubs if the original ones he picked were damaged. Yes sure thing

I don't get this? He picks up some scrubs as he walks in, gets changed into them, doesn't like them for some reason, gets changed back into civies, and goes to get more scrubs?

Why won't you just wear the inconvenient scrubs to walk back to get fresh ones?

Oh but that is definitely what he does. He was emphatic about it.

Madcats · 04/11/2025 15:10

Shortshriftandlethal · 04/11/2025 15:01

Dry mouth cos' starting to feel frightened that he's been found out.

Edited

It is possible (though probably not) that the thirst has arisen from overdosing on Night Nurse (other cold medications are available). Colds were mentioned, weren't they?

If the sips are before answering a question, Rose is buying time to think.

Pretty damning defence though. I hope it gets a good write up.

I'm keeping my fingers crossed that the judge asks some questions instead of suggesting that they knock off early to watch Countdown. Some things might not be as obvious to men...

SidewaysOtter · 04/11/2025 15:11

Also, much as my lesbian friends can be very explicit and completely open about sex and their bodies, I've never EVER seen or heard them objectifying other women.

Shortshriftandlethal · 04/11/2025 15:12

MarieDeGournay · 04/11/2025 15:03

I've seen the argument that if men are to be excluded from women's spaces, so should lesbians, who are by definition sexually attracted to women.

This is true, of course, but lesbians are also women not men, so we haven't acquired the same attitude to women as sex objects that men have.

It amuses me to think that when I'm looking at ads for underwear, I am looking at almost-naked female bodies - but my focus is only on whether or not the bra or knickers are what I want to buy, whereas if a man was looking at them....

It is an entirely different approach to the female body - we already have our own, so are unlikely to be so obsessed by seeing one getting changed into/out of scrubs!

Yes, the old lesbian chestnut.......just goes to demonstrate that male sexuality and the male gaze is programmed differently to that of females. Males are a lot more visual and a lot more object oriented........hence the fetishes and paraphilias.

CriticalCondition · 04/11/2025 15:12

They weren't sips of water before questions, they were gulps afterwards.

RobinEllacotStrike · 04/11/2025 15:12

IDareSay · 04/11/2025 14:41

TT

NF: She says locker close to yours did you know that?
RH: I don't know who she is, so no
NF: She's asked about inappropriate behaviour, she says, just staring and looking at ppl
RH: False, I don't stare

Rose only "hard stares" but he doesn't "stare stare"

thewaythatyoudoit · 04/11/2025 15:13

CriticalCondition · 04/11/2025 15:12

They weren't sips of water before questions, they were gulps afterwards.

The cough doesn't seem that bad to me, wondered if he's trying to explain the deep voice (it's lower pitched even than NF's)

IDareSay · 04/11/2025 15:13

TT

[We are still waiting for the hearing to resume]

ThatDaringMintCritic · 04/11/2025 15:14

Strange that Rose didn't notice all these women clocking his tatty boxer shorts as he faced his locker changing.

DarkNovemberBringsTheFog · 04/11/2025 15:14

MyAmpleSheep · 04/11/2025 13:23

Not in the profession. But Judges can and must. (As do juries in criminal trials.) It's the judge of first instance's job to assess the credibility of the witness based on their entire aspect. That's one reason why appeal courts don't mess with factual findings and determinations of who was telling the truth and who wasn't. appellate courts often have transcripts but they can't see the way the words were spoken, or the way the witness behaved in the witness box. All of which is relevant.

Not only that, but in the judgement it gives the panel or the judge’s opinions on the credibility of at least some of the witnesses.

Apologies for the quality, but this is a screenshot from a post at 01/11/2025 13:48 on the previous thread. It’s taken from a judgement which involves some of the same witnesses as here. Definitely worth a read, in my estimation.

Link to the pdf here.

"Darlington Nurses" vs County Durham and Darlington NHS Trust Tribunal Thread 6
SternJoyousBeev2 · 04/11/2025 15:16

NannyOggsScones · 04/11/2025 15:07

If he’s going down the route of they are all liars, why did he feel the need to say he may have some boxers with holes in? They can’t compel him to bring his underwear drawer to the tribunal so why not just deny that as well. I get the feeling he didn’t really think this through. If he really is a woman why isn’t he wearing big seam free pants that don’t leave vpl under his scrubs. I know you can get boxers for women but they tend to be skin tight - holey boxers seem such an expression of maleness for someone who tells us he’s a woman.

Some speculation here … I think he does wear holey underwear and his Theatre support group know this too, so if he denied that he wore holey boxers they might start questioning what else he is lying about.

Easytoconfuse · 04/11/2025 15:16

May I ask a question of any nurses here? Is it likely that he KEPT picking up scrubs in a poor state of repair? If he's bigger and broader wouldn't that mean womens scrubs wouldn't fit? If so, wouldn't you expect him to collect the right size from the men's changing rooms before going in? And most of all, if it kept happening then wouldn't you check them before you started getting changed?

I don't know much about them but they look to me like not so nice feeling old fashioned PJ's so the chest size would surely be different?

ickky · 04/11/2025 15:17

FOR FUCKS SAKE!

IDareSay · 04/11/2025 15:18

TT

[We resume]
J: Just one Q. You said you heard rumour that someone had been complaining informally re CR in Aug 2023 and then March 2024 someone talked to you re petition. Did anyone in management talk to you about these things, before it hit the press?

RH: Not about the rumours, and only about the letter when I brought it to their attention.
J: In what way?
RH: That it had been going around the department.

ClawedButler · 04/11/2025 15:18

Seems to me that if the management actually saw him as a woman, they'd have called him a liar and dismissed his concerns.

InvisibleDragon · 04/11/2025 15:18

MyAmpleSheep · 04/11/2025 14:54

Standard fare for a cross-examination, isn't it?

1 get the witness to state confidently they are 100% sure about everything in their statement
2 pick at the weak bits ("is it possible you were mistaken about this bit...") - clearly anyone who denies even the possibility of making a small error is unreasonable and therefore not credible
3 use the reasonable witness's reasonable agreement with the mere possibility of an error to make it look like they were lying about being 100% sure about their statement
4 ...and therefore having lied about that, everything else they say is therefore in doubt and not to be believed.

A good barrister can make you admit you lied about your own name and date of birth at the end of a session.

But remember Judges are barristers, and have been playing this game for their entire professional lives. They know how it works.

It's more specific than that.

For example here:
^NF [ref p30] Ms Danson WS
NF: Account of encounter 2023.
NF: Says, alone in CR with you
RH: Don't recall ever being alone with her in CR
NF: She says, scrub top and boxers - consistent with your routine?
RH: Yes^

So here, RH is preoccupied with denying the allegation about asking KD when she is changing. And ends up agreeing that being in boxers was consistent with his routine. Which is quite a key admission.

IDareSay · 04/11/2025 15:19

TT

J: Before you raised the letter in March, did you ever raise with management any issues around any of this?
RH: No

OpheliaWitchoftheWoods · 04/11/2025 15:19

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

IDareSay · 04/11/2025 15:19

TT

J: Mr Cheetham? He is shaking his head, no re-examination. This means your evidence is complete and you're released
{RH leaves witness chair]
SC: One witness left, Ms Williams. Will not finish here in time remaining so I suggest we start with her tomorrow morning.

nauticant · 04/11/2025 15:22

It does seem redundant for public access to the witness statements to be wrangled over now. I'd put that down as a win for the Trust. Access to the witness statements caused considerable mischief to NHS Fife.

IDareSay · 04/11/2025 15:22

TT

J: I also need to ask about progress re making WS available
NF: Can [missed name] explain? [Sol] We have only limited file-sharing and don't think it's feasible to set up public access in the timeframe, unless the solicitors can.

NF: We contemplated - but file sharing is complex for us too, but we wonder if each side could make the WS available from their side? And respond request by request?
J: We have had request from Press Association
NF & SC [agree press requests are fine]

IDareSay · 04/11/2025 15:23

TT

J: But member of public also asked. Have looked up some things - we should make access as available as possible, and need to explain why if not. So we are saying not practical and proportionate?

SternJoyousBeev2 · 04/11/2025 15:24

Judge calling him “Rose” …interesting as everyone else has been asked if they are a Miss or Mrs Surname

oh very deep manly voice from Rose there

And almost obsessional drinking of water. Didn’t he grab a drink during the break?!

very noticeable change in the use of the camera angles today.

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