A Newcastle employment tribunal judge has warned the NHS Trust that it is putting itself at risk if they do not comply with the proceedings.
Yesterday (2 April), at a preliminary hearing of the Darlington Nurses’ case against County Durham and Darlington NHS Foundation Trust, employment judge Stuart Robertson stated that the trust had “subordinated (employment tribunal proceedings) to an independent inquiry.”
The Christian Legal Centre supported the nurses in their legal action in May 2024 against the trust after they were made to undress in front of a man colleague who identified as a female named “Rose”.
The nurses filed a claim on grounds of sexual harassment and victimisation, as well as violations of their Article 8 rights under European Convention on Human Rights.
The trust, which had 18 months to investigate nurses’ complaints and 10 months from the start of their tribunal case, made a second application to adjourn hearings, claiming that it did not have enough time to finish its internal investigation.
The legal team of the nurses opposed the application. Pavel Stroilov representing the nurses described the trust’s actions as “vexatious”, showing “non-compliance” with the tribunal orders.
He ruled, however, that an adjournment would be necessary. The full hearing will now most likely take place in October 2025. The hearing was originally scheduled for June.
Bethany Hutchison said, outside the tribunal, that she was a Darlington nurse who loved her job and patients, and wanted to be allowed the dignity to dress and undress for work in the presence of no man.
I would like to remind all that this is for the safety and dignity and every woman and girl in society. We will continue to combat these illegal policies.
She continued: “We’re frustrated at the trust’s inaction and what we perceive as unnecessary delays before this case is heard. We will not give up or stop. Wes Streeting must intervene now to solve these issues for not only us but also for women in the NHS.”
Andrea Williams, CEO of the Christian Legal Centre said: “It’s hard to imagine another party in a legal proceeding prioritizing its internal investigation over court orders, yet NHS management did just that. This bureaucratic arrogance condemned these dedicated nurses for four more months of uncertainty at the hospital.
It is unacceptable that radical ideologies in the NHS have transformed what should be an environment of safety and support for hardworking nurses, into a battleground.
“Accountability and Justice in this case have been long overdue.” We will stand with the Darlington Nurses until they get the justice they deserve.
A spokesperson from the trust stated: “County Durham and Darlington NHS Foundation Trust fully commits to supporting all of our employees and ensuring that a safe, respectable and inclusive work environment is maintained.
We acknowledge that legal proceedings have begun and are pursuing the process in accordance with the employment law and instructions of the tribunal. “As this case is still ongoing, it wouldn’t be appropriate to provide any further details.”
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