Darlington nurses win their employment tribunal

[Lovelyview]

https://christianconcern.com/ccpressreleases/victory-for-darlington-nurses-as-judge-rules-policy-that-allows-men-into-womens-changing-rooms-is-unlawful-harassment-and-discrimination/

Brilliant news!

Bloody fantastic news! Even the Guardian is covering the story is neutral & factual terms.

This has made me so happy 😊

The next step will be sharing a photograph of a highly polished man in a dress and makeup. They will suggest that he poses an extreme threat to our marriages and ask if we are really OK with our husbands sharing a toilet space with him as he applies his makeup and flips his hair and presumably attempts seduction.

Only if you film it, mate. It'll be fucking gold.

It means that some of their claims succeeded while others failed. That's correct.

from the judgment:

1. The complaints of harassment related to sex and/or gender reassignment are well founded in part and succeed to the extent set out in paragraph 1.1 and 1.2 of this judgment: . . .

1. The complaints of indirect sex discrimination are well founded and succeed.

1. The complaints of harassment in so far as they relate to the use of the female changing room by and the conduct of Rose Henderson whilst so using the changing room as pleaded in paragraph 23(b) of the Amended Particulars of Claim, are not well founded and are dismissed.

1. The complaints of harassment in so far as they relate to the conduct of Rose Henderson outside the changing room as pleaded in paragraph 23(e) of the Amended Particulars of Claim are not well founded and are dismissed.

1. The complaints of harassment in so far as they relate to the conduct of the Respondent pleaded in paragraph 23(d), (f), (h, (i), (j) and (k) are not well founded and are dismissed.

1. The complaints of victimisation are not well founded and are dismissed.

1. This judgment is in respect of all claimants with the exception of Joanne Bradbury, whose claim is currently stayed.

Sorry about the numbering. It changed from what I pasted and I can't seem to get it to post correctly.

Yes the trust fucking well did, as has every nhs trust and school and any other public building or institution!

AND the FUCKING government! Tory and Labour. For not just telling them what’s what!

Yes, yes, yes, yes, yes, yes! Thank goodness for sanity and justice. As others have said, we can celebrate having rights we took for granted in...1990.

That’s great news. Delighted for them.

fucking ridiculous that they had to take the NHS to court to get what they were legally entitled to, but there we are…

Not forgetting private companies who followed suit and are still stalling and supposedly need guidance.

Following incorrect statutory guidance can't give you immunity, no. But can it mitigate the degree of liability (for doing at least some due diligence rather than just flagrantly disregarding the law)? And what would that change?

ETA there could be many institutions affected by this.

Amazing news!

And if Phillipson can't or won't do her do her job then she needs to resign.

The word partial is quite negative in this context whilst the specifics of what wasn’t upheld ( which weee he says she says ) give quite a different vibe to the whole report

words can be used To influence people’s thoughts and in this case the work partial was to my reading intended to convey a false impression - this is a victory for the women without doubt

Yeah, the bullet numbering on here is rubbish. If you have an extra line break between each bullet, it sets them all to 1. You have to make sure theres no blank lines between them to get it to keep the right numbers

1. Kinda
2. Like
3. This

Edit: Huh, looks like it adds the extra line breaks in the styling in automatically then.

From the op’s link. This is amazing.

In a landmark judgment, an Employment Tribunal has ruled that County Durham and Darlington NHS Foundation Trust unlawfully discriminated against and harassed the female nurses by requiring them to share female-only changing rooms with a biological male.
The ruling confirms that the Trust’s policy allowing men into women’s spaces is unlawful and violates the rights of female staff.

In their ruling, Employment Judge Sweeney and Tribunal members Denise Newey Malcolm Brain declared:

“By requiring the Claimants to share a changing room with a biological male trans woman… the Respondent engaged in unwanted conduct related to sex and gender reassignment which had the effect of violating the dignity of the Claimants and creating for the Claimants a hostile, humiliating and degrading environment.

“By not taking seriously and declining to address the Claimants’ concerns of August and September 2023 and of 04 April 2024, regarding that part of the Transition in the Workplace Policy that afforded biological males access to the female changing room, the Respondent engaged in unwanted conduct related to sex and gender reassignment which had the effect of creating for the Claimants a hostile and intimidating environment.”

I'm so flipping happy I could cry. Well done those amazing women!

“By requiring the Claimants to share a changing room with a biological male trans woman…

Read it and weep, TRAs. Read it and weep.

Yes, that part is very odd - it definitely seems like sexual harassment.

As women, they don't have male genitals. Just as post op transwomen don't have female genitals. They have a facsimile of a penis/vulva-vagina that is in no way functional nor convincing.

Eugh sounds awful and like harassment

About time.
And it's time this madness came to an end and society got some sanity back.

Fantastic news, so happy to see this today.

Surely now all NHS trusts will comply with the law.

< hollow laugh >

Just to be clear, in a lot of these cases there may be different claims put forward so if the court interprets things one way they will find in favour on specific claims, or if they interpret another way they will find in favour of the claimant on other claims. But it would not be expected to find in favour on all claims because the court would not be able to interpret both ways simultaneously.

In regards to the behaviour of RH, a lot of the behaviours were unreasonable because he was in the women’s changing room and that was covered by the finding that it was harassment to have allowed him to be there.

I’m re listening to world at one, the in depth bit is around 26 mins in. V interesting that they preface it with the pronoun they which rose was apparently happy with in the tribunal so the bbc are using that

https://www.bbc.co.uk/sounds/play/m002pqgg?partner=uk.co.bbc&origin=share-mobile

24 mins actually