Nurses have launched a ‘landmark’ legal challenge against health trust chiefs over a trans woman being allowed to use female changing rooms. 

Twenty-six nurses from County Durham and Darlington Foundation Trust (CDDFT) have lodged an employment tribunal case for sexual discrimination and sexual harassment. 

The nurses claim they were left "intimidated and upset" after their concerns about a trans woman using the female changing rooms were dismissed by the trust.  

Claims have been put in on harassment, indirect discrimination, and breach of nurses' ECHR article eight rights (the right to privacy).  

The case is believed to be unprecedented, meaning it could be a landmark ruling in employment law. 

The hospital trust has said that it is "committed to providing an inclusive and respectful work environment" and is taking issues raised "very seriously".  

The nurses say that currently, CDDFT policies permit any member of staff to identify as the opposite gender and to access single-sex changing rooms, toilets or showers on that basis. 

In August 2023, the female nurses raised serious concerns with management about having to share the changing room with a trans woman who was born biologically male but no action was taken. 

In March 2024, a letter was signed by 26 nurses and sent to the Director of Workforce at the NHS Foundation Trust. 

In the letter, the nurses said they did not believe it "appropriate" to have a "biological male sharing our changing facilities". 

Recognising that the Trust has a duty to support transgender staff they added, however, that that is "not absolute". 

The nurses said: "We obviously expect the Trust to treat them with respect and dignity, but as the policy clearly states, that does not absolve the Trust of its duty to those of us who find the current situation intolerable." 

Though the nurses received no reply, they claim a meeting was held by the head of HR, where one of the nurses was told that the hospital supports the transgender colleague “150 per cent”.  

They claim they were told in that meeting that they needed to "broaden their mindset", be more "educated" and more "inclusive".  

Advocacy group Christian Concern and its legal arm, the Christian Legal Centre, is supporting them in their case.  

A spokesperson for the Christian Legal Centre said: "We were approached by concerned nurses looking for advice and support, we cannot say anything more than that at this stage. 

"The Trust has put transgender ideology before the rights of the nurses." 

A spokesperson for CDDFT said: "County Durham and Darlington NHS Foundation Trust is committed to providing an inclusive and respectful work environment for all employees. We are aware of recent issues raised and are taking these very seriously. 

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“We would like to assure our employees and the wider community that as soon as these issues were brought to our attention, we initiated meetings to fully understand the needs and concerns of the staff members under our resolution policy. 

"We recognise that this is a hugely sensitive issue and as well as taking into consideration the feedback and concerns raised by the team, we are working to adhere to legal requirements and best practices. 

“We are committed to working together with all parties to find a solution that respects the rights and dignity of all individuals while maintaining the highest standards of professionalism and fairness. "