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Feminism: Sex and gender discussions

"Darlington Nurses" vs County Durham and Darlington NHS Trust Tribunal Thread 7

1000 replies

ThreeWordHarpy · 05/11/2025 12:29

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)
Thread 6, 04-Nov to 05-Nov; RH (day 10), SW (day 11)

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
42
moto748e · 07/11/2025 17:43

Boiledbeetle · 07/11/2025 17:30

Well into junior school we used to have to get changed with the boys in an open to the corridor cloakroom.

By 9/10 some of us had periods and breasts and were getting very self conscious and distressed trying to get changed whilst silly boys took the piss.

I'm not too sure what triggered the change but we went from that one week to girls and boys getting changed in separate classrooms the next.

I reckon a girl's mum went and gave them an earful.

Well I must be showing my age 😀, cos I certainly didn't change with the girls throughout my school career, from 4½ to 16. I'm sure it would have been unthinkable. But times change, and sometimes not for the better.

SupportRobin · 07/11/2025 17:43

KindleKlub · 07/11/2025 15:51

I never felt comfortable doing cross country in pe knickers (really thick navy synthetic material) especially not when bleeding and using a pad that must have been obvious. But when it was at my all girls' school on our own field we all just got on with it.

When we had to do some sort of multi school event and it took us across a golf course and public park, it was horrible, made much worse by the very exaggerated 'stop and watch' behaviours of the male golfers 🤢

Anyone who does not understand the relentless discomfort of the male gaze, and how that is intensified when vulnerable and in a stare of undress, is either male or exceptionally privileged indeed

We had to do cross country runs around part of Greenwich park in those horrible lampshade style PE skirts - no tracksuit bottoms allowed, even in the winter. Although at least in the winter there weren't quite so many tourists to watch us huffing and puffing up the hill.

borntobequiet · 07/11/2025 17:45

RawBloomers · 07/11/2025 17:13

In Jo’s report it says:
I understand that my expertise is required only in relation to Issue 8(b) in the Agreed List of Issues, that being:
It is disputed whether women are generally more sensitive than men to being
compelled to undress in front of a person of the opposite biological sex and
therefore more likely to suffer fear, distress, and/or humiliation caused by the
application of the PCPs.

So it looks like she is being brought in to directly counter Andrew Thacker’s (the Trust’s HEAD of HR) claim that it would be equally uncomfortable for men as women to have to share changing rooms with the opposite sex. My assumption is that the Trust is trying to defend itself against the part of damages that might arise from indirect sex discrimination.

Oh, I’d forgotten about that!

CarefulN0w · 07/11/2025 17:46

Wow how did the BBC let that slip through the net?

is it part of a sudden imperative to notice such stories I wonder?

Deafnotdumb · 07/11/2025 17:46

The NHS has a misogynist problem running throughout. The older I get, the less fit for purpose it is.

Will there be any consequences to the architects of this horrorshow? Its not the first time they've been to a tribunal or accused of bullying. Does the Trust need a complete clear out?

Madcats · 07/11/2025 17:46

The BBC's gender correspondant is probably busy sulking that this has been published (albeit buried in Tees local news)!

#SadTimes

Coatsoff42 · 07/11/2025 17:51

CarefulN0w · 07/11/2025 17:46

Wow how did the BBC let that slip through the net?

is it part of a sudden imperative to notice such stories I wonder?

Perhaps you can report on GC issues if everything is “in quotes”

Heavy weather for the “ button on that report.

Talkinpeace · 07/11/2025 17:55

ItsCoolForCats · 07/11/2025 17:20

Unfortunately I haven't been able to follow much this week because I've been really busy at work, but I've just caught up with JP's evidence on TT. She laid it all out so clearly.

What are people's thoughts on how this case is likely to go?

As per the Supreme Court Ruling
they HAVE to win on the single sex spaces
its the harrassment that will be v tricky

the Peggie outcome will come out first
and that will set the bar

we are also waiting on Bailey v Stonewall

lcakethereforeIam · 07/11/2025 18:12

I'm not sure if this is the best thread for this article but Gendered Intelligence have been 'training' the NHS amongst many, many other organisations including Girl Guides

https://archive.ph/OJSvl

https://www.telegraph.co.uk/news/2025/11/07/trans-activists-influencing-british-schools-sports-nhs/

Access Restricted

https://www.telegraph.co.uk/news/2025/11/07/trans-activists-influencing-british-schools-sports-nhs

Londonmummy66 · 07/11/2025 18:16

Interesting use of photos in those two articles. BBC has an appallingly out of focus picture of Rose with her long hair and dress whilst the DM is sticking with the jeans t shirt and beer belly photo previously in circulation.

BigGirlBoxers · 07/11/2025 18:17

RawBloomers · 07/11/2025 17:13

In Jo’s report it says:
I understand that my expertise is required only in relation to Issue 8(b) in the Agreed List of Issues, that being:
It is disputed whether women are generally more sensitive than men to being
compelled to undress in front of a person of the opposite biological sex and
therefore more likely to suffer fear, distress, and/or humiliation caused by the
application of the PCPs.

So it looks like she is being brought in to directly counter Andrew Thacker’s (the Trust’s HEAD of HR) claim that it would be equally uncomfortable for men as women to have to share changing rooms with the opposite sex. My assumption is that the Trust is trying to defend itself against the part of damages that might arise from indirect sex discrimination.

Thanks. I found that very helpful. So Phoenix's evidence speaks to the fact that the H&S violation (failure to provide single-sex changing) is ipso facto a violation of the Equality Act, since that failure impacts more on women than on men?

JoPhoenix · 07/11/2025 18:32

lcakethereforeIam · 07/11/2025 11:56

She has posted on MN, I'm certain at the end if the threads with the results of her tribunal. I'm not certain what username she uses, possibly @JoPhoenix ?

Yup. That's me.

Thank you for the lovely comments here. Also for the anthropology and the discussion about hideous communal changing rooms.

It was nice to be in an employment tribunal and to be cross examined by a KC not being an attack dog - just being a KC. That he asked pretty much nothing substantive is a good sign - I think. The Judge just wanted clarification and I was desperate to give him more but he didn't want it.

I did think it was funny that I ended with very physical description of being a woman.

JoPhoenix · 07/11/2025 18:35

BigGirlBoxers · 07/11/2025 18:17

Thanks. I found that very helpful. So Phoenix's evidence speaks to the fact that the H&S violation (failure to provide single-sex changing) is ipso facto a violation of the Equality Act, since that failure impacts more on women than on men?

Edited

This is correct. I was asked to supply expertise in relation to indirect discrimination and not lawfulness of policy

Talkinpeace · 07/11/2025 18:36

Swoons slightly at Jo turning up this evening !!!

Boiledbeetle · 07/11/2025 18:36

JoPhoenix · 07/11/2025 18:32

Yup. That's me.

Thank you for the lovely comments here. Also for the anthropology and the discussion about hideous communal changing rooms.

It was nice to be in an employment tribunal and to be cross examined by a KC not being an attack dog - just being a KC. That he asked pretty much nothing substantive is a good sign - I think. The Judge just wanted clarification and I was desperate to give him more but he didn't want it.

I did think it was funny that I ended with very physical description of being a woman.

Barack Obama Applause GIF by Obama

💐

For us it was an excellent bit of tribunal watching after days of watching the Trust squirming to try and defend the indefensible.

CarefulN0w · 07/11/2025 18:37

Was delighted to hear you being so sensible @JoPhoenixit shouldn’t be necessary, what with it being obvious n all, but was grateful for your clear and detailed answers.

Hedgehogsrightsarehumanrights · 07/11/2025 18:40

@JoPhoenix I think your report will be a go to document, until, if and when this nonsense is all over.

It spoke to me and explained why i have so many moments of fear that i could not easily explain

i found myself sandwiched between to men on a long haul flight and cried hysterically i was vey embarrassed about it at the time.

JoPhoenix · 07/11/2025 18:45

Hedgehogsrightsarehumanrights · 07/11/2025 18:40

@JoPhoenix I think your report will be a go to document, until, if and when this nonsense is all over.

It spoke to me and explained why i have so many moments of fear that i could not easily explain

i found myself sandwiched between to men on a long haul flight and cried hysterically i was vey embarrassed about it at the time.

I'm so sorry to read this. I'm sorry you had that experience.

Xx

JoPhoenix · 07/11/2025 18:45

I'm so sorry to read this. I'm sorry you had that experience.

Xx

Hedgehogsrightsarehumanrights · 07/11/2025 18:47

Thanks our Jo if i may call you that xxx

Rightsraptor · 07/11/2025 18:48

Surely no weight would be given to Andrew Thacker's ignorant opinion that men & women feel the same about undressing in the presence of the opposite sex? Thacker is clearly ill-informed about so many things that no judge could pay him any heed after hearing Jo P's evidence and reading her expert witness statement.

JoPhoenix · 07/11/2025 18:50

Hedgehogsrightsarehumanrights · 07/11/2025 18:47

Thanks our Jo if i may call you that xxx

Of course you can! You lot kept me going through my own tribunal - gardening as well as the fantastic commentary during the hearing. I would read and reread the threads every evening. They kept me from falling apart. Fact. I also loved the humour. I loved it when women were talking about my former head's theme tune -- the imperial march of Darth Vadar. Pml

AMiddleClassWomanOfACertainAge · 07/11/2025 19:25

Justabaker · 07/11/2025 12:22

Agree on the last bit - he retreated abruptly from an articulate expert feisty witness. More briskly than Napoleon from Russia.

Delurking to say I am undertaking a slow read of War & Peace, basically a chapter a day for the whole of 2025. I’m at the part where the French, thinking they were victorious and expecting Moscow to be theirs, are beating a retreat and losing thousands of troops on the way.

POWNewcastleEastWallsend · 07/11/2025 19:27

Madcats · 07/11/2025 14:49

Thanks for confirming my thoughts about the evolution of changing rooms in shops from the 70's to today. I wonder what prompted all the shops to change?

Was it that somebody noticed that shoppers were voting with their feet or that skimpy clothes were taken home to try on (or not bought at all) or was it because of the naughty voyeurs?

Where's Jo P when you need her: I bet there are some studies about that somewhere!

I suppose my point is that the average women begrudgingly changes in communal facilities so why on earth does the NHS hate women so much as to suggest that they should let men in (at any stage of their transition).

I remember those awful communal changing rooms back in the 1970's. The other problem with them was that if you turned your back on your belongings to look for a mirror then you risked having your handbag, or even your shoes, swiped!

There were "bad girls" who went out on Saturday into Chester to Top Shop, Etam and Dorothy Perkins thieving, so I wonder if that was another reason for changing from communal changing rooms to curtained cubicles?

Cubicles didn't do away with the problem entirely. You would always go shopping with a friend so there would be two of you crammed into one cubicle, taking it in turns to go to the mirror so there was always one of you in the cubicle guarding your stuff.

BettyBooper · 07/11/2025 19:28

JoPhoenix · 07/11/2025 18:50

Of course you can! You lot kept me going through my own tribunal - gardening as well as the fantastic commentary during the hearing. I would read and reread the threads every evening. They kept me from falling apart. Fact. I also loved the humour. I loved it when women were talking about my former head's theme tune -- the imperial march of Darth Vadar. Pml

Thanks for fighting, Jo. It's so much appreciated 🙏

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