The nurses – Bethany Hutchison, Lisa Lockey, Karen Danson, Tracy Hooper, Annice Grundy, Carly Hoy and Jane Peveller – were supported by the Christian Legal Centre. Andrea Williams, chief executive of the centre, said: “This case sends a powerful message across the NHS and beyond that ideology cannot override those fundamental duties.”
Ms Hutchison, president of Darlington Nursing Union, said: “We have done this, not just for ourselves, but for our colleagues who were too afraid or unable to speak up, and for every woman and girl in the country.
“We raised our concerns because we believed something was seriously wrong, not just for us, but for the protection of all women in the NHS. Instead of being listened to, we were ignored, labelled, and subjected to pressure and intimidation.
“This outcome is a vindication of our stand for dignity, privacy, and common sense. We hope it ensures that no woman is ever again made to feel unsafe in her workplace for speaking the truth.”
NHS trust ‘did not get this right’
The Trust’s letter to the nurses reads: “We recognise that we have a responsibility to provide a safe, respectful and inclusive working environment for everyone and the Tribunal’s findings make clear that we did not get this right for you, for which the Trust expresses its sincere apologies.
“We also acknowledge that in our decision making, we did not adequately consider your concerns, formally or informally and we sincerely regret that we were unable to get this right.
“In light of the judgment, we have reviewed our policies and the changes that have already been put in place and will consider what facilities are required to follow the Tribunal’s findings in a way that is respectful to all of our colleagues.”
The letter continues: “The Trust is committed to ensuring that we support all colleagues and is committed to doing so through our respective policies, procedures and actions as well as learning from the findings of this judgment.
“We know that this has been a difficult and distressing experience for you. We also recognise that, at times, your concerns were not fully heard or addressed in a timely or sensitive manner, and we regret the impact this had on you and colleagues who have been affected by this process and subsequent judgment.”
Hate crime accusations
However, the nurses face a potential investigation by the profession’s regulatory body, the Nursing and Midwifery Council (NMC). The referrals were made in October last year at the height of the case, alleging “transphobia” and “hate crime” after the nurses spoke publicly about their concerns.
During proceedings, the employment tribunal recognised that the nurses’ actions in raising concerns and speaking to the media constituted a “protected act” under equality law.
Ms Hutchison added: “We were completely vindicated by the tribunal, including for speaking openly to the media about what was happening to us. Yet despite that clear ruling, the NMC investigations still hang over our heads like a shadow.
“It is deeply distressing to remain under regulatory threat after being found to have acted lawfully and courageously. Nurses should never be punished for telling the truth about discrimination and safeguarding concerns.”