It is in the minutes of the Board Meeting 28 January 2026
https://www.cddft.nhs.uk/application/files/1817/6951/6292/CDDFTOpenBoardPack-Jan26.pdf
page 43
Meeting: Trust Board Date:
28th January 2026
Title: Chief Executive’s Report
Author: Steve Russell, Chief Executive
Introduction
Alert: The Trust received a Section 29A Warning Notice following the Well led inspection highlighting weaknesses in our governance and risk management systems; and has received the outcome of an Employment Tribunal which found indirect discrimination and harassment because of Trust policies and an insufficient response to concerns.
Advise: The Trust is not likely to submit a compliant plan for 26/27, with significant risks in financial performance and planned care delivery which will likely require further action and support to mitigate. There is slippage in the delivery of improvements in the areas identified in the S29A warning notice in Surgery. Additional focus is being put in place in a six-week sprint. Assure:
Approval relating to the one-off payments for Healthcare Support Workers has been received and payments will be made in February 2026.
page 45
Employment Tribunal
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The reserved judgment in the Employment Tribunal case concerning staff changing-room facilities at Darlington Memorial Hospital has now been issued.
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The Tribunal upheld elements of the claims relating to harassment connected to sex and gender reassignment, finding that requiring the claimants to share a female changing room with a trans woman amounted to harassment, and that the Trust did not respond adequately to concerns raised by staff, contributing to an intimidating environment. The Tribunal found that aspects of indirect sex discrimination succeeded.
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Other victimisation claims, and broader harassment claims against the Trust, and those concerning the conduct of the colleague involved were dismissed.
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We have acknowledged these findings and recognised that we did not sufficiently consider or address the concerns raised by some colleagues. On behalf of the Trust, I am sorry for the distress caused to all colleagues impacted by this. Work is already underway to review relevant policies, improve the provision of private changing spaces, engage with colleagues and staff networks, and ensure future arrangements align with the law. National guidance is still awaited but the judgment is binding on the Trust and as such we intend to take action to ensure we are compliant with the judgment. Further updates will be brought to the Board as actions progress.
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Recognising the significant public interest, I also wanted to advise the Board of the cost of the litigation, which is c£603k up to the end of the tribunal. We know there will be concerns about this. We will review our approach to identify whether there were missed opportunities, and we will also give consideration to enhanced Board oversight through the relevant committee.
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I have reviewed the outcome with colleagues and the Trust will not appeal the findings of the Tribunal. We contacted the claimants legal representatives on the day of the judgment to acknowledge the findings and to seek further discussions to try and resolve the issues.
Regulatory environment
- An integrated approach to oversight of the Trust (IQIG), led by NHS England’s Regional Director has been put in place which seeks to draw together all of the requirements on the Trust.
EDIT: ps. Nothing on the CDDFT website in News, Updates, Media, etc. Like it never happened!
www.cddft.nhs.uk/about-us/news?category=&year=2026#news-list