In a preliminary hearing tomorrow, a group of U.K. nurses who were forced to change in front of a male colleague will oppose a move by the Darlington NHS Foundation Trust to postpone its full hearing on the case.
County Durham and Darlington NHS Trust are defendants in a legal battle in which the nurses allege sexual harassment, discrimination and victimization.
Christian Legal Centre, which is representing the nurses in their suit, called the move to adjourn a “last ditch application.” The Trust had 18 months to investigate the allegations since the nurses wrote a letter to the Trust seeking help regarding a male colleague who called himself “Rose” and used the women’s locker room.
“Rose,” who identified as female, allegedly stared at women undressing, lingered in the dressing room for long periods of time and openly spoke about hoping to get his girlfriend pregnant. According to five nurses who chose to be identified in the claim, some nurses who had to undress in front of the man—including international women and female victims of sexual abuse—were experiencing panic attacks before their shifts.
Twenty-six nurses working at Darlington Memorial Hospital, under the Trust’s control, sent the initial letter of concern to the Trust. After the nurses were told by human resources to get “educated,” “compromise” and “broaden their mindset,” they filed suit May 2024, claiming their Article 8 rights had been breached under European human rights law, which protects against sexual harassment, discrimination and victimization.
The case was scheduled for a full hearing between June 16 and July 4 this year, but a preliminary hearing will occur tomorrow in Newcastle Employment Tribunal, where arguments regarding the adjournment application (a term used in U.K courts for postponing a hearing) will be heard.
If the Employment Tribunal agrees to postpone this summer’s hearing, the case’s full hearing could be postponed for another year or longer.
Andrea Williams, chief executive of the Christian Legal Centre, believes a decision to delay equates a denial of justice.
“Justice delayed is justice denied,” Williams said. “The Trust cannot be allowed simply to ignore the Tribunal’s orders or be permitted to give the Tribunal no choice but to adjourn the hearing for a year or longer. That would mean leaving these brave and beautiful nurses defenseless and exposed to ongoing harassment at the workplace. A strong response is needed from the tribunal.”
One Darlington nurse, Bethany Hutchison, acknowledged the impact of the case.
“I am a Christian, but these policies are and will impact every woman from every background,” Hutchison said in a past press release. “We will pursue this matter for as long as it takes to ensure women’s spaces are protected.”
A spokesperson for the group, Hutchison also reacted to the Trust’s efforts to postpone the full hearing.
“We are shocked by the delaying tactics of the Trust and wonder what it is that they have got to hide,” Hutchison said. “We are appalled and deeply concerned that while clearly acting unlawfully in forcing us to get changed in front of a man, they are now seeking to delay and avoid giving us justice and properly answering our claims. We hope that the tribunal sees through what is happening and does not allow a unilateral adjournment to happen.”
Photo: Courtesy of Christian Concern