Judgement due after nurses challenge NHS trust for allowing trans woman to use female changing room
NHS trust ‘violated dignity’ of nurses by allowing trans woman to use female changing room, tribunal rulespublished at 11:50 GMT
Breaking
We’re still working our way through the full court document, but here is the tribunal’s summary of their judgement:
The Judgment of the Tribunal is:
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:
1.1 By requiring the Claimants to share a changing room with a biological
male trans woman as pleaded in paragraph 23(a) of the Amended
Particulars of Claim, 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.
1.2 By not taking seriously and declining to address the Claimants’
concerns of August and September 2023 and of 04 April 2024,
Case Number: 2501192/2024 & others
2
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.
2. The complaints of indirect sex discrimination are well founded and succeed.
3. 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.
4. 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.
5. 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.
6. The complaints of victimisation are not well founded and are dismissed.
7. This judgment is in respect of all claimants with the exception of Joanne
Bradbury, whose claim is currently stayed.
