Eight nurses have filed a claim alleging sexual harassment, discrimination, and victimisation under Article 8 of the European Convention on Human Rights. The case focuses on a transgender NHS nurse's access to female changing rooms.
Women, the claimants argue, are more likely to experience fear and distress when required to undress in front of members of the opposite sex. The dispute arose at Darlington Memorial Hospital, where Rose Henderson, a transgender woman who was born male, used the female changing facilities.
One of the nurses, Karen Danson, described her distress during an encounter in August 2023. She said she was "sobbing and shaking in a panic attack" after finding herself in the changing room with Henderson, who was dressed in boxer shorts.
"Henderson looked masculine, had facial hair, and there was nothing… to suggest [Henderson] was anything other than a man."
Professor Jo Phoenix, a criminologist from the University of Reading, prepared a report on behalf of the nurses, which was presented to the tribunal. Phoenix stated that she holds gender-critical views and believes "sex is immutable."
"Whilst these beliefs have informed the direction that my academic and research career has taken, they do not cloud my academic judgment."
Author’s summary: This tribunal highlights ongoing tensions in NHS policies around transgender access to female spaces, balancing rights with concerns of some female staff.