\n Seven nurses are bringing a claim against County Durham and Darlington NHS Foundation Trust after Rose Henderson, who was born male but who identifies as a woman, was allowed to use the women\u2019s changing facilities at Darlington Memorial Hospital.\n<\/p>\n
\n The day surgery unit staff claim that Rose Henderson repeatedly asked one of them why she was not getting changed, Rose was still intending to father a child and would stand in the changing rooms in boxer shorts.\n<\/p>\n
\n They are bringing a claim for sexual harassment, discrimination, victimisation and breaches of the right to a private life under article eight of the European Convention on Human Rights.\n<\/p>\n
\n Jillian Bailey, who oversees the trust\u2019s equality and diversity policies and is workforce experience manager, said in her witness statement to the tribunal in Newcastle that she first became aware of concerns about Rose Henderson\u2019s use of the changing rooms in September 2023.\n<\/p>\n
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\n Mrs Bailey said she had a meeting with one of the theatre managers, Tracy Wainwright, and theatre matron, Linda Watson, who said there had not been any issues previously.\n<\/p>\n
\n She said: \u201cThey explained to me that Rose had recently stopped taking hormone therapy and had made it quite public with some people that she had decided to have a baby with her partner, and that Rose was sounding and looking more masculine as a result of having stopped taking the hormones, and that this had led to some staff complaining that they felt uncomfortable.\n<\/p>\n
\n \u201cThey went into some detail about how Rose dressed, and that sometimes she would attend for work with visible stubble, and I recall it being mentioned that it appeared she did not shave for several days sometimes and didn\u2019t try to hide this with make-up or anything.\n<\/p>\n
\n \u201cThey said that in all other ways Rose Henderson was presenting as a woman, and mentioned her name, outer clothing, pronouns, and hairstyle.\u201d\n<\/p>\n
\n Mrs Bailey said she made recommendations, including alterations to the changing rooms, erecting cubicles or dividers, or staggering shifts, following a meeting with senior staff.\n<\/p>\n
\n She said: \u201cI asked if the staff not comfortable about Rose could use other changing facilities and they said they would look into this as an option.\u201d\n<\/p>\n
\n Mrs Bailey also said she asked the colleagues to talk to Rose Henderson about changing elsewhere.\n<\/p>\n
\n She said: \u201cHowever, where I raised options and things which could be considered, I came to understand from the two managers that there was a lot of support for Rose Henderson.\n<\/p>\n
\n \u201cThey explained to me in response to my suggestions that they didn\u2019t want to speak to Rose Henderson about this issue, and they didn\u2019t think it was right that anyone should speak to her about this, or that she should be spoken to by anyone else about this.\n<\/p>\n
\n \u201cThey appeared to feel strongly that because Rose Henderson had been in the trust for years, it would be wrong and discriminatory if she was asked to change elsewhere.\u201d\n<\/p>\n
\n Ms Wainwright, a band seven employee who has worked for the NHS for 40 years and been a theatre manager for seven years, said she had used the same changing room as Rose Henderson and had never witnessed any inappropriate behaviour.\n<\/p>\n
\n Read more: Previous evidence in employment tribunal<\/a>\n<\/p>\n \n In her witness statement, she said: \u201cI have never seen Rose Henderson do anything in the changing room which I felt wasn\u2019t appropriate.\n<\/p>\n \n \u201cI\u2019ve never seen her in only boxer shorts.\n<\/p>\n \n \u201cI have seen Rose get changed occasionally in a toilet or shower cubicle.\n<\/p>\n \n See more court stories from\u00a0The Northern Echo\u00a0by\u00a0clicking\u00a0here<\/a>\n<\/p>\n