What the Darlington Nurses Case Actually Found - Rose Did Nothing Wrong
What the Darlington nurses tribunal actually found – and why the headlines are lying to you.
The headlines would have you believe that a trans woman using a female changing room was wrong. That is not what happened. Let me explain what the tribunal actually decided.
The situation
Rose is a trans woman who works as a nurse at a hospital trust. She used the female changing room, as she was permitted to do under the Trust’s own policy. Some of her colleagues were uncomfortable with this and complained. Their complaints were not handled properly.
That is the crux of this case.
What did Rose do wrong?
Nothing.
The tribunal was explicit about this.
Rose used the changing room she was permitted to use.
Her behaviour in that changing room was acceptable.
She had been using those facilities for years with the full knowledge and permission of her employer.
The tribunal stated: “We found no improper behaviour on the part of Rose personally.”
So who is responsible?
The Trust.
The tribunal found that the Trust’s policy told staff who were uncomfortable to use alternative facilities, but no alternative facilities existed.
The nurses had nowhere else to go.
When they raised concerns, nobody listened. Management did not take their complaints seriously.
HR did not even visit the changing room to understand the situation.
The tribunal was clear:
“It is the Trust that is responsible and accountable for this state of affairs, not Rose.”
The impossible position
This case highlights a genuine tension. The Trust had a policy allowing trans women to use female facilities. That policy reflects the legal position that trans people should be able to access facilities appropriate to their gender. At the same time, some women felt uncomfortable, and the Trust failed to address their concerns or provide workable alternatives.
Both things can be true. Some nurses experienced genuine distress. Rose did nothing wrong. The employer failed everyone.
Why does this matter?
Because the media narrative against trans women is false. It weaponises this case against trans people when the actual findings say something quite different.
A trans woman followed the rules, behaved appropriately, and has now been publicly vilified for using a changing room she was entitled to use. Meanwhile, the employer whose failures created this situation has allowed this media storm.
The tribunal acknowledged that their decision “may make for difficult reading for Rose.” That feels like an understatement. Rose has been dragged through a legal process and a media storm for doing nothing wrong.
The real lesson
Employers need clear policies and they need to actually implement them. If a policy says “use alternative facilities” then those facilities must exist. If staff raise concerns, those concerns must be heard and addressed, not ignored until they become a tribunal case.
Trans employees deserve to be treated with dignity. So do all employees who have concerns. Good employers find ways to respect everyone. This Trust failed to do that, and now a trans woman is paying the price in the court of public opinion for her employer’s failures.
That is what this case is actually about.
Can trans women use female facilities?
Yes they can, and we have two other tribunals that have agreed with this.
These three cases (Kelly, Darlington, Peggie) demonstrate that Employment Tribunals are reaching different conclusions on similar facts, creating significant legal uncertainty. The key variables appear to be:
Type of facility (toilet cubicle vs open changing room)
Practical impact on the complainant
Employer’s response to concerns raised
Availability of alternatives
Number of complainants (affecting whether “group disadvantage” is established)
Advice for employers
Do not put yourself at risk of being accused of policies that act against cisgender women or transgender women.
Make your policy clear. Trans women can use female facilities and if anyone may find this uncomfortable make sure there is an alternative for them.
If someone complains then act on that complaint swiftly and in line with your complaints procedure.
This is all about written policy and there is nothing that says trans women MUST be excluded. Nothing.
If you found this helpful, please share it. The misinformation spreading about this case is causing real harm, and the only way to counter it is to make sure people hear the truth.
https://www.judiciary.uk/wp-content/uploads/2026/01/Bethany-Hutchison-Others-v-County-Durham-and-Darlington-NHS-Foundation-Trust-2501192-24-Others-Reserved-judgment.pdf