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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
unwashedanddazed · 05/11/2025 14:15

https://www.cddft.nhs.uk/about-us/corporate-information/trust-board/board-meetings-and-papers

Just went to have a read of the May 2025 board papers, which were linked to on the last thread, and which contained info about seven ongoing disciplinary actions. And they've gone! Latest notes now from 2024.

Good to know they read mumsnet. I'm sure they'll have learned loads whilst lurking here. Particularly about the law.

Trust Board Meetings & Papers :: County Durham and Darlington NHS Foundation Trust

Corporate information – Trust Board meetings and papers.

https://www.cddft.nhs.uk/about-us/corporate-information/trust-board/board-meetings-and-papers

TheAutumnalCrow · 05/11/2025 14:19

Might have been one of the big dramas prior to a particular witness appearing - demands included a full show of favouritism support, an honour guard, and total obeisance on display, or he ain’t playing.

misscockerspaniel · 05/11/2025 14:22

unwashedanddazed · 05/11/2025 14:15

https://www.cddft.nhs.uk/about-us/corporate-information/trust-board/board-meetings-and-papers

Just went to have a read of the May 2025 board papers, which were linked to on the last thread, and which contained info about seven ongoing disciplinary actions. And they've gone! Latest notes now from 2024.

Good to know they read mumsnet. I'm sure they'll have learned loads whilst lurking here. Particularly about the law.

No, they are still there, the years are not in order

MyrtleLion · 05/11/2025 14:23

ChimpanzeeThatMonkeyNews · 05/11/2025 13:22

Getting a decent night’s sleep is worth its weight in gold. So, I’m pleased to hear that.

Do you feel like you’re on the mend?

I am definitely feeling a lot better than when I was discharged just under two weeks ago.

I'm reluctant to say I'm on the mend because this experience has shown me that I can think I'm getting better and then be blindsided by something unexpected.

And I also have 10 weeks of antibiotic therapy to endure.

So I'm hopeful that this is the beginning of the end.

OdeToTheNorthWestWind · 05/11/2025 14:30

Many thanks to @MyrtleLion and all the others who have been posting the TT thread Flowers

I've been pondering the thought that if (when!) the Trust lose this case, some members of their HR/EDI community could be in line for disciplinary action for not doing their jobs and landing the Trust in a messy and very public tribunal. Would that be too much to ask for?

TheAutumnalCrow · 05/11/2025 14:35

OdeToTheNorthWestWind · 05/11/2025 14:30

Many thanks to @MyrtleLion and all the others who have been posting the TT thread Flowers

I've been pondering the thought that if (when!) the Trust lose this case, some members of their HR/EDI community could be in line for disciplinary action for not doing their jobs and landing the Trust in a messy and very public tribunal. Would that be too much to ask for?

Quis custodiet ipsos custodes?

AuthorisedCat · 05/11/2025 14:35

Is it finished for the day?

DarkNovemberBringsTheFog · 05/11/2025 14:38

AuthorisedCat · 05/11/2025 14:35

Is it finished for the day?

Yes. Back on Friday.

MyrtleLion · 05/11/2025 14:38

AuthorisedCat · 05/11/2025 14:35

Is it finished for the day?

Finished until Friday morning when Jo Phoenix will present evidence as an expert witness.

Jo succeeded in her gender critical complaint against Open University.

AuthorisedCat · 05/11/2025 14:40

MyrtleLion · 05/11/2025 14:38

Finished until Friday morning when Jo Phoenix will present evidence as an expert witness.

Jo succeeded in her gender critical complaint against Open University.

Thanks, I've just returned home and was trying to work out what was happening. Will now read the bits I've missed on the last thread and this.

Can't wait to hear Jo, I watched her ET and she was a formidable witness who had been treated abominably. Almost a pattern ...

POWNewcastleEastWallsend · 05/11/2025 14:44

misscockerspaniel · 05/11/2025 14:22

No, they are still there, the years are not in order

July 2025 and Sept 2025 Board Papers are there but not May 2025.

RedToothBrush · 05/11/2025 14:44

OdeToTheNorthWestWind · 05/11/2025 14:30

Many thanks to @MyrtleLion and all the others who have been posting the TT thread Flowers

I've been pondering the thought that if (when!) the Trust lose this case, some members of their HR/EDI community could be in line for disciplinary action for not doing their jobs and landing the Trust in a messy and very public tribunal. Would that be too much to ask for?

I would love this so much.

Unfortunately they'll probably end up either with a promotion or going to a new job at a neighbouring trust for more pay and less responsibility.

These fuckers never end up taking responsibility for incompetence.

"Oh I'm sorry I didn't think of the bleeding obvious despite it being my job and a subject that's been much talked about in recent years. I was just following orders from my brainwashing training because I'm incapable of thinking for myself. I identify as good at my job rather than a total jobsworth".

OdeToTheNorthWestWind · 05/11/2025 14:44

TheAutumnalCrow · 05/11/2025 14:35

Quis custodiet ipsos custodes?

Yes, exactly! Maybe Wes Streeting would have to give the Governors a nudge.

fanOfBen · 05/11/2025 14:48

POWNewcastleEastWallsend · 05/11/2025 14:44

July 2025 and Sept 2025 Board Papers are there but not May 2025.

Direct link:
https://www.cddft.nhs.uk/application/files/6317/4843/1218/CDDFT_Open_Board_Papers_May_2025.pdf
NB this is in year 2024/5.

misscockerspaniel · 05/11/2025 14:49

POWNewcastleEastWallsend · 05/11/2025 14:44

July 2025 and Sept 2025 Board Papers are there but not May 2025.

Have a look under trust board meeting papers

SqueakyDinosaur · 05/11/2025 14:53

OdeToTheNorthWestWind · 05/11/2025 14:30

Many thanks to @MyrtleLion and all the others who have been posting the TT thread Flowers

I've been pondering the thought that if (when!) the Trust lose this case, some members of their HR/EDI community could be in line for disciplinary action for not doing their jobs and landing the Trust in a messy and very public tribunal. Would that be too much to ask for?

Sadly I think it's probably unlikely. That's why SP's mystery backer enabling her to bring action against individuals (from memory, Kate Searle, Maggie Currer and Esther Donaldson) is so important - I truly don't think that the madness will be eradicated until there is some personal jeopardy for people in behaving in the ways that they do.

TheAutumnalCrow · 05/11/2025 14:56

OdeToTheNorthWestWind · 05/11/2025 14:44

Yes, exactly! Maybe Wes Streeting would have to give the Governors a nudge.

This lot? Good thinking.

Ooh - there an election coming up! Any takers who live in the area?? Staff vacancies on there too.

www.cddft.nhs.uk/about-us/corporate-information/council-governors#:~:text=The%20Council%20of%20Governors%20(CoG)%20is%20a,strategic%20vision%20and%20the%20Trust's%20Annual%20Plan

Zebracat · 05/11/2025 14:56

The Christian Concern press release really helped untangle today for me. Bit confused that it’s dated 6th November though.

MyAmpleSheep · 05/11/2025 14:56

SqueakyDinosaur · 05/11/2025 14:53

Sadly I think it's probably unlikely. That's why SP's mystery backer enabling her to bring action against individuals (from memory, Kate Searle, Maggie Currer and Esther Donaldson) is so important - I truly don't think that the madness will be eradicated until there is some personal jeopardy for people in behaving in the ways that they do.

There's still no jeopardy for KS, MC and ED as they are covered by their employer, just like DU is.

Easytoconfuse · 05/11/2025 14:57

Zebracat · 05/11/2025 14:56

The Christian Concern press release really helped untangle today for me. Bit confused that it’s dated 6th November though.

Me too.

TheAutumnalCrow · 05/11/2025 14:59

Zebracat · 05/11/2025 14:56

The Christian Concern press release really helped untangle today for me. Bit confused that it’s dated 6th November though.

And the name ‘Newton’ is just dropped in there at the end without explanation, I think?

Easytoconfuse · 05/11/2025 15:03

TheAutumnalCrow · 05/11/2025 14:59

And the name ‘Newton’ is just dropped in there at the end without explanation, I think?

I read it as "Further impartiality concerns arose after it emerged that independent investigator, Susan Newton, had publicly promoted LGBTQI+ inclusion online." So not actually all that independent, is she? Typical reverse engineered investigation.

OneCraftyMentor · 05/11/2025 15:03

CatMarble · 05/11/2025 13:42

I'm following with interest. As I don't know the NHS/HR procedures, how should the whole thing have unfolded, thinking that it was pre-FWS Supreme Court clarification?
My understanding is: prompt action, investigation to understand whether the allegations re the behaviour in the changing room were true. In parallel, a check with the legal team to understand whether the policy was lawful, which could have taken the direction of excluding the male for a proportionate aim (I can't remember the exact wording of the previous EHRC guidance). As a minimum, a quick process to find an appropriate alternative provision (although, if the policy wouldn't change, Rose could have entered there, too?). Have I understood correctly that there is/was another trans-identifying person in the Trust, who was changing in a separate space (even pre-FWS), so this could have been proposed to Rose?

Yes basically, they would have had to taken very careful legal steps to exclude Rose.

There was scope to do so under even the old regs if it was a "proportionate means of achieving a legitimate aim" and alternatives were considered.

Although it was about services there were relevant examples around dignity and privacy changing.

It's also worth noting they didn't discuss the issues with Rose and ask if they'd mind using a private room.

POWNewcastleEastWallsend · 05/11/2025 15:06

TY 🙏

CDDFT Filing System!

😵‍💫

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