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No Decision Before Christmas in NHS Tribunal Over Transgender Changing‑Room Dispute

The case tests the trust’s policy allowing staff to use single‑sex spaces by gender identity.

Overview

  • Employment Judge Seamus Sweeney reserved judgment after closing submissions in Newcastle, telling parties a ruling will come after Christmas.
  • The seven day‑surgery nurses allege harassment, indirect discrimination and victimisation, citing claims of staring in the changing room, questioning colleagues about undressing and walking around in boxer shorts.
  • Rose Henderson denies the allegations, telling the tribunal she has been misrepresented and describing distress over online abuse following publicity.
  • Counsel for the trust argued the nurses exaggerated their accounts, highlighted secret recordings that could amount to misconduct and said media interviews compromised Henderson’s privacy and mental health.
  • Counsel for the claimants said the Transitioning In The Workplace policy disadvantaged female staff, asserted complaints were buried by internal processes and argued the trust should have provided separate facilities.