Seven female nurses who won a case against an NHS trust over being forced to share a changing room with a transgender woman are now seeking £400,000 in legal costs. The County Durham and Darlington NHS Foundation Trust (CDDNFT) has already paid the nurses nearly £200,000 in compensation. An employment tribunal had previously ruled that the trust violated the nurses' dignity by making them change alongside Rose Henderson, who is a biological male.
Employment judge Seamus Sweeney ruled in January that the decision created a hostile, humiliating, and degrading environment for the nurses. Their lawyers are arguing at a hearing in Newcastle that a costly three-week tribunal held in October and November last year could have been avoided. The nurses are seeking 90 percent of their £443,000 legal costs, not the full amount, as the judge ruled Henderson did not directly harass the women.
Niazi Fetto KC, representing the nurses, contended that following a Supreme Court ruling in April 2025, which stated 'sex' means 'biological sex,' it was highly probable the tribunal would have ruled in favor of separate changing rooms for men and women. However, the Trust maintained its position that it was acting lawfully by allowing employees to use changing rooms based on their 'gender identity.' Fetto described the Trust's defense as 'hopeless' and said this should have been apparent after the Supreme Court's decision, which stemmed from a case brought by the campaign group For Women Scotland against the Scottish government.
The Trust is understood to have spent £600,000 on legal costs defending its case. The nurses' legal team argued that the litigation would not have occurred if the Trust had provided single-sex changing rooms. They claim that concessions by the Trust, recognizing the weaknesses in its defense, could have averted the trial.
Karen Danson, one of the nurses, testified at last year's tribunal about an encounter in September 2023 where she saw Henderson in the changing rooms wearing nursing scrubs and boxer shorts, with facial hair and no indication of being anything other than a man. The seven nurses – Ms. Danson, Bethany Hutchison, Lisa Lockey, Tracy Hooper, Annice Grundy, Carly Hoy, and Jane Peveller – stated they were labeled as bigots and troublemakers when they raised their concerns.
In a statement, Ms. Hutchison said the nurses did not want to engage in lengthy legal proceedings against their employer. She emphasized their desire for the employer to respect women's dignity and provide lawful changing facilities for privacy. She added that the Trust should be held accountable for substantial legal costs that could have been avoided, calling it a matter of public money and accountability for NHS organizations.
It also emerged that a public governor at CDDNFT had warned NHS leaders a year prior to the tribunal that suppressing discussion could lead to comparisons with the Lucy Letby scandal. Stephen Twist, a barrister and elected public governor, advised Trust leaders to examine the Horizon Post Office Inquiry regarding oversight of legal risk at a board level, according to newly released emails. The tribunal is expected to deliver its decision on the legal costs at a later date.