Hutchison & Others v County Durham and Darlington NHS Foundation Trust (Case No. 2501192/2024 & Others)

In brief

Eight female nurses at Darlington Memorial Hospital claimed harassment related to sex and/or gender reassignment (s.26 EA2010), victimisation (s.27), and indirect sex discrimination (s.19) against County Durham and Darlington NHS Foundation Trust. The claims concerned two policies: a Uniform Appearance policy requiring use of workplace changing rooms, and a Transition in the Workplace policy granting trans staff access to changing rooms matching their affirmed gender. The Tribunal found harassment succeeded on some grounds and indirect sex discrimination was well-founded.

Key provisions

• holding-1 — Requiring staff to share changing room with trans colleague can constitute harassment: Requiring staff to share a changing room with a trans colleague, without adequate consultation or alternative arrangements, can constitute harassment related to sex under s.26 EA2010.
• holding-2 — Employer's failure to address concerns about changing room access was harassment: An employer's failure to address legitimate concerns about changing room access arrangements constituted harassment by failing to take adequate steps.
• holding-3 — Indirect sex discrimination in Transition in Workplace policy upheld: Indirect sex discrimination was found in the employer's Transition in the Workplace policy, which had a disproportionate impact on women.
• holding-4 — Some harassment claims dismissed on the facts (conduct of the trans employee): Some harassment claims were dismissed on the facts, where the conduct of the trans employee (rather than the employer's policy) was the issue.
• holding-5 — Victimisation claims dismissed: Victimisation claims were dismissed where the claimants could not establish a causal link between their protected acts and the alleged detriment.

When relevant

Critical case for designing workplace transition policies, particularly regarding changing facilities. Demonstrates the importance of consulting affected staff, providing alternatives, and balancing competing rights rather than imposing blanket policies. Directly relevant to the post-FWS policy landscape.