Nurse says trans colleague sparked abuse flashback

A group of nurses from Darlington have taken their NHS trust to an employment tribunal

This article contains details some people may find distressing

A nurse's encounter with a trans colleague in a hospital changing room sparked a flashback to child sexual abuse trauma, a tribunal has been told.

Eight nurses have launched employment proceedings against bosses of Darlington Memorial Hospital over an "inclusive" policy which allowed their female-only changing room to be used by a biological male who identified as a woman.

At the opening of the hearing in Newcastle, staff nurse Karen Danson said Rose Henderson repeatedly asked her if she was getting changed while "smirking" and standing "half-dressed", which triggered traumatic memories.

Lawyers for County Durham and Darlington NHS Foundation Trust said her claim was "absolutely denied".

Ms Danson had been a staff nurse at the hospital since 2019, which was about the same time the operating department practitioner, who the tribunal heard would be referred to as Rose, started working there and using the changing room.

Ms Danson said she had not known about Rose until they met in the room in September 2023, saying staff worked different shifts and had been seconded on to alternative wards due to the coronavirus pandemic.

The tribunal was heard in Newcastle

Ms Danson said she had walked past Rose without paying much attention, then heard a "male voice" so turned to look at her colleague.

Rose had been "half-dressed", wearing a blue scrub top and "tight black boxer shorts with holes in", Ms Danson said.

She said Rose had then asked her "three times in the space of five minutes" why she was not getting changed and was wearing a "smirk".

Ms Danson said she had been a victim of child sexual abuse and the way Rose spoke and looked at her triggered flashbacks.

The trust's lawyer, Simon Cheetham KC, said Rose would deny saying anything at all to Ms Danson and the claims were "absolutely denied".

Ms Danson, who has waived her legal right to anonymity, said she was "100% not mistaken" about the exchange, adding: "I had no reason to lie.

"What happened to me as a child was so traumatic, what happened in that changing room brought back that trauma."

She said thinking about the trauma caused "heartache", adding: "Why would I cause myself the pain if I didn't need to?"

Ms Danson said she had been having "lots of flashbacks" after the incident and "broke down in sobs of tears", with a manager sitting her down in a wellbeing room with a cup of tea and box of tissues.

The tribunal heard there was an "absence of records" from Ms Danson's wellbeing meetings with managers.

The nurses work at Darlington Memorial Hospital

The tribunal heard Ms Danson was one of 26 hospital workers who had signed a "letter of concern" about Rose's behaviour.

One person complained Rose would stare at colleagues' breasts while another nurse said Rose would spend longer than necessary in the changing room, the tribunal heard.

Ms Danson also said it was "common knowledge" among theatre staff in the recovery unit that Rose had stopped taking female hormones and was trying to make their partner pregnant.

She said she could not recall who told her that, but multiple people had said it so she "took it as fact".

The tribunal heard Rose had denied stopping transitional treatment or having plans to conceive a baby, but there may have been a "theoretical discussion" with colleagues about pregnancy.

'Felt unsafe'

The trust's lawyer said the complaints about Rose were "inaccurate" and Rose had used the changing room since 2019 without complaint.

Ms Danson said she had no reason to make things up and people may have been "too scared to come forward" to report any incidents.

In July 2024, two posters were put up on the doors into the room saying it was an "inclusive changing room", the tribunal heard.

The tribunal heard nurses had held meetings with managers about their concerns, secretly recording at least one of them, in which they were told their worries would be looked at.

Ms Danson said she did not think any action would be taken, adding there was "no sense or urgency", it had "gone on so long" and she felt "unsafe" in the changing room, which led to the nurses launching legal action.

The nurses have filed claims on the grounds of sexual harassment, discrimination, victimisation and breaches of the right to a private life, under Article 8 of the European Convention on Human Rights.

They are being supported in their claim by lawyers at the Christian Legal Centre.

The tribunal, which is set to last up to four weeks, continues.