Inclusive changing room poster felt wrong - matron

A poster was put up after nurses complained about a trans colleague using a female-only changing room, the tribunal has heard

A poster declaring a hospital changing room at the centre of a transgender row to be "inclusive" felt wrong, a manager who took it down has told an employment tribunal.

Eight nurses have raised a claim over County Durham and Darlington NHS Trust's policy allowing a female-only changing room to be used by Rose Henderson, a biological male who identifies as a woman.

The poster, at Darlington Memorial Hospital, was put up by Rose's colleagues after 26 women signed a letter complaining about Rose's use of and conduct within the changing room, the tribunal in Newcastle has heard.

Matron Sandra Watson, who managed several wards, said she took it down after seeking advice.

The tribunal has heard Rose, an operating department practitioner, had used the female-only changing room on the day surgery unit (DSU) since 2019, with the first complaints made in September 2023.

Ms Watson, who managed the DSU's managers as well as those from other wards, said she first became aware of the issue when the 26 women submitted their letter in March 2024.

Eight nurses have taken legal action over a hospital trust's changing room policy

As it seemed "important", Ms Watson raised it with her line manager who told her to "remain impartial" and not get involved as a human resources (HR) process was under way, the tribunal heard.

When asked by the nurses' barrister Niazi Fetto KC if she was "anxious" a solution be found, Ms Watson replied: "Yes."

At a meeting between the nurses and managers in May 2024, Ms Watson said she asked an HR director if, according to the trust's transitioning in the workplace policy, she could start using the men's changing room if she announced she wanted to be a man.

When the HR director replied yes, Ms Watson said maybe the policy was "wrong" as that did "not sound right", the tribunal heard.

Ms Watson said she never actually met any of the complainants directly, which had led in part to her writing in her statement to the tribunal that she could understand why the nurses may have felt "unheard and unsupported" by managers.

The nurses work at Darlington Memorial Hospital

"I do feel like there probably should have been more contact, maybe from me even," Ms Watson said, before adding she was still relatively inexperienced at the time and was following the advice given to her.

She said she was not told about the outcome of the HR process due to "confidentiality".

The tribunal heard an individual changing cubicle and lockers were put in a staff meeting room as a temporary measure for those not wanting to share the female-only changing room with Rose.

In July 2024, a poster was put up on the single-sex changing room door declaring it to be "inclusive", the tribunal heard.

The tribunal was previously told it was put up by colleagues of Rose's from the theatre department.

Ms Watson said her immediate line manager again told her not to get involved and to leave it where it was.

But, feeling "uncomfortable" and saying it "didn't feel right" to leave the poster up, she went to a more senior manager who agreed with her and told her to remove it, which she did, the tribunal heard.

'Complexity of concern'

DSU ward manager Claire Gregory told the tribunal any poster featuring the NHS logo would normally come from the communications department.

She said she was the "bridge between the nurses and HR" department, and after becoming aware of the issue in February 2024, she sent multiple emails over the following weeks to managers and HR to advise them of the nurses' concerns.

Mr Fetto asked if she expected there to be a "prompt" resolution, to which she replied "no", because of the "complexity of the concern".

She said she wanted all involved, the nurses and Rose, to reach a situation where everyone felt safe, but it was "difficult" and "nobody knew what to do for the best".

Once the temporary changing room was created in July 2024, hospital bosses took no further action on the ground until the following May, Ms Gregory said.

The tribunal continues.