NHS warned it must change guidance on single-sex spaces after court ruling

19 January 2026

Credit: Getty/Marbury

Claudia Tanner and PA reporters

The NHS in England has acknowledged the need to revise its policy on single-sex spaces following the Darlington tribunal ruling but said it is waiting for the equality watchdog to issue guidance before it can take action.

The Equality and Human Rights Commission issued the warning after the ruling, published on Friday, said sharing single-sex changing rooms with a trans colleague had created “a hostile, intimidating, humiliating and degrading environment” for nurses in Darlington.

Eight members of the Day Surgery Unit at Darlington Memorial Hospital brought a claim against County Durham and Darlington NHS Foundation Trust after Rose Henderson, who was born male but identifies as a woman, was allowed to use the women’s changing facilities.

The NHS in England lacks a unified national policy on single-sex changing facilities for staff, leaving decisions to individual trusts, which has created inconsistency and led to legal challenges,

An NHS spokesman said: “We are working through the implications of the Supreme Court ruling, and we absolutely recognise the need for revised guidance on same-sex accommodation as soon as possible.







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