HR boss denies saying nurses need trans educating

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

A senior NHS human resources manager has denied saying nurses who complained about a trans colleague using a female-only changing room needed to be "re-educated".

Eight nurses have raised an employment tribunal claim over the use of changing rooms at Darlington Memorial Hospital by Rose Henderson, a biological male who identifies as a woman.

One of their complaints related to a management meeting, at which they heard Tracy Atkinson, head of workforce and organisational development, had said the nurses needed to be taught about inclusivity.

Mrs Atkinson told the tribunal in Newcastle she had never used that language, her role was to advise and she had been trying to "understand" the concerns.

The tribunal heard 26 women connected to the hospital's day surgery unit (DSU) signed a letter in March 2024 complaining to bosses about Rose's use of the women's changing room and alleged conduct in there.

County Durham and Darlington NHS Foundation Trust's policy allowed a person who was transitioning and identified as a different gender to use the single-sex space that aligned with their preference, the tribunal heard.

The policy further stated anybody who objected could go and change elsewhere, the hearing was told.

The nurses work at Darlington Memorial Hospital

Mrs Atkinson said she became aware of the letter when it was submitted but no formal complaint had been entered under the trust's resolution policy so she could not fully comprehend the issue.

She repeatedly told the tribunal she had wanted to "understand" what the concerns of the nurses were.

When challenged by Employment Judge Sweeney what she was unclear about, as the issues in the letter were "readily understandable", Mrs Atkinson said she understood what the nurses were saying but it was the solution that she was trying to work out.

She said she was there to offer support and advice to managers, the decision makers, but to do that she needed to know what advice it was they actually needed before she could offer it.

Mrs Atkinson said the "heart" of the issue was the policy and she could not advise managers to go against it.

Representing the nurses, Niazi Fetto KC said Mrs Atkinson could "not countenance" or "advocate" the nurses' proposed solution, that Rose be given a different changing room.

Mrs Atkinson said she appreciated the concerns but the trust was "conflicted" about how to resolve it, as making Rose change elsewhere could lead to a complaint from Rose.

"I felt I couldn't win," Mrs Atkinson said, adding: "In my mind, rightly or wrongly, there wasn't a straightforward solution."

'Hostile and intimidating'

Mrs Atkinson said it was a "complex" landscape and she was "trying to bring some balance", adding: "I couldn't expect our managers to understand the nuances of what we were facing."

She also said she wanted to understand the "trigger" for the complaint being made, when it was some four years after Rose began using the changing room.

Mr Fetto said a meeting was held on 15 April 2024 at which another manager had written down that Mrs Atkinson had said the nurses needed "re-educating", that they should "broaden their views and be more inclusive".

Mrs Atkinson said she had never used the word "re-educated" but she had talked about inclusivity and the resolution process.

She said that was "not my language" and to say "re-educated" would have suggested an "element of pre-knowledge" of the people involved, but she did not know the nurses or Rose.

Mrs Atkinson described a further meeting with the nurses, where she wanted "to hear their concerns" and explain to them the issue was "complex" and being looked into, as "hostile" and "intimidating".

The tribunal continues.