A Darlington NHS hospital has been warned about its policy that allows men who identify themselves as women to change in female changing rooms. This is against the law.
The Royal College of Nursing warned County Durham and Darlington NHS Foundation Trust Darlington Memorial Hospital that it was in violation of Workplace (Health, Safety and Welfare) Regulations, 1992, which requires the provision of single gender changing facilities for women and men.
In May 2024, a group consisting of nurses took legal action to force their employer to provide single-sex facilities. They had complained about having to share space and equipment with a colleague who was transgender.
The trust responded by constructing a “temporary office” for nurses to change into uniforms. However, the nurses claim that this is insufficient as there are no lockers. The nurses also felt that it was “humiliating” because the office opened onto a corridor.
The RCN highlighted that the 1992 Regulations required “the provision for single-sex change facilities for both men and women, with the exception of cubicles (not single lockable rooms).”
The letter sent on the 27th of March stated that “other organisations also seem to have overlooked the regulations”, and that the college “expects that the trust comply with these statutory requirements and provide single-sex change rooms without delay”.
campaigners who represent the women have claimed that the director of the trust republished his “Transitioning in the Workplace Policy” three days after it was sent. The policy had not been changed. They claim that this allows a man who is biologically male to change in the changing rooms for female staff.
The Supreme Court decided on 16 April that “woman” refers to biological sex in the context of equality legislation. The Supreme Court ruled that men who identify themselves as women do not qualify to use single-sex areas, even if they have a gender-recognition certificate. This judgment will likely be challenged at the European Court of Human Rights.
Bethany Hutchison is a Darlington nurse who also serves as the president of the Darlington Nursing Union. She said, “We are grateful for the letter sent by the Royal College of Nursing but we have not seen any sign of action. In fact, the opposite has happened.
“We acknowledge how the NHS has become a victim of Stonewall’s extreme policies. But unfortunately, the law is law. No excuses can be made for further delays.
The Royal College of Nursing and the Supreme Court have made it clear that NHS trusts must not ignore these directives and the Supreme Court in order to follow an extreme, discredited ideology.
The trust told the nurses to be more inclusive, and “broaden their mindset”.
The trust has yet to publicly respond to the RCN letter.
In April, Employment Judge Robertson presided over the case at Newcastle and said that the Trust “failed” in its efforts to improve the situation. He also stated that the Trust’s actions were “wrong”, adding that it had “subordinated (tribunal proceedings) to an independent investigation.”
Sandie peggie said earlier this week that she would “continue with her legal case in order to obtain accountability for how she has been treated” by the Fife Health Board.
Her case will resume in July. Yesterday it was revealed that NHS Fife failed to ban access to Tribunal Tweets – a citizen journalism group who tweet live details of cases – and restrict access to livestreams of proceedings.
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