Single-sex spaces | NHS trust discriminated against nurses over transgender changing room policy, tribunal rules

An NHS trust discriminated against a group of nurses by requiring them to share a female changing room with a transgender woman and failing to take their concerns seriously, an employment tribunal has ruled.

The tribunal found that County Durham and Darlington NHS Foundation Trust subjected the nurses to unlawful harassment and indirect sex discrimination after prioritising its transgender inclusion policy without providing suitable alternative facilities or properly addressing complaints.

Tribunal upholds harassment and indirect sex discrimination claims

In a reserved judgment, the tribunal upheld the nurses’ claims of harassment related to sex and gender reassignment, finding that the trust’s actions had violated their dignity.

It ruled that: “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.”