Trans nurse allowed to use women’s changing room named for the first time after colleagues win court battle
A group of NHS nurses have won their battle to lift the anonymity of a transgender colleague who used their female changing room.
GB News can now name the trans nurse who was allowed to use a female changing room at Darlington Memorial Hospital as Rose Henderson.
The nurse was born male and lives as a woman, but does not have a gender recognition certificate (GRC), meaning Henderson is legally male.
Henderson had requested anonymity, telling a hearing that comments made online made the nurse “scared for my own safety” with Simon Cheetham KC, representing County Durham and Darlington NHS Foundation Trust, saying there was a “potential risk” of harm.
A group of eight nurses is suing the trust for sexual discrimination and sexual harassment after Henderson was allowed to use a female changing room.
Henderson cited media coverage about the case, saying in a witness statement: “I fear that should my anonymity not be protected, this leaves me open to being targeted directly by people online, or potentially in person” adding that high profile voices such as JK Rowling are amplifying the case.
However, counsel for the nurses opposed the anonymity application, arguing that it would prevent the nurses from being able “to tell their own story.”
Bruno Quintavalle representing the nurses, said: “[Henderson] has responded to the initiation of proceedings by trying to intimidate the nurses.”
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Throwing out the application, Judge Langridge said that “no specific instances of the ‘horrible comments’ are set out in the witness statement, and no particular events are identified in support of the feeling of being at risk…The statements are unsupported by anything concrete at all.”
Langridge added: “Some of the anxiety that [Henderson] expresses is likely already to be present in her life by the mere existence of the proceedings.”
Chief executive of the Christian Legal Centre Andrea Williams said: “Open Justice is a crucial legal principle, especially in such a high-profile case which has huge ongoing public debate, and engagement from the highest levels of government.
“This case is about truth, reality and whether a man can be a woman just because he says so. If we suppress access to open justice and media scrutiny on this case, we suppress the truth.”
President of the Darlington Nursing Union (DNU) Bethany Hutchison said: “We are pleased that the tribunal has refused the order and hope this is an important win on the road to full justice.
“This is not about Rose and is much bigger than Rose…no one in the NHS or the government appears able or prepared to do anything about it, so we have to fight this battle instead.”
A full employment tribunal hearing is expected to begin on June 16 at Newcastle Employment Tribunal.