A transgender nurse did not think using female changing rooms would be a risk, a tribunal has heard.

Eight nurses have brought a claim against the NHS after Rose Henderson, a colleague who was born a man but identifies as a woman, was allowed to use the women’s facilities at Darlington Memorial Hospital in County Durham.

Newcastle Employment Tribunal has previously heard allegations that Henderson, who was bearded, intimidated female colleagues and repeatedly asked one if she was going to get changed.

On Tuesday, the tribunal heard that Henderson did not deem it “necessary to ask for a separate changing room”, because trans employees “had the right to use the facilities”.

Henderson, who first became aware of the complaints in August 2023, confirmed that the changing room was used by about 300 women.

‘Never occurred to me that it would be a risk’

When questioned about whether choosing to use female changing rooms “was taking a risk”, the nurse told the tribunal: “It never occurred to me that it would be a risk.”

Pressed further that it could have “embarrassed or frightened” colleagues, Henderson said: “I wouldn’t say embarrassed or frightened, no”.

Niazi Fetto KC, on behalf of the claimants, asked: “Did you consider their perspective? What it was that was upsetting them?”

Henderson replied: “I considered their reasoning, but not to any great extent.”

“Presumably because, to your mind, you had a right to use the facilities,” Mr Fetto asked, to which Henderson replied: “Yes.”

Trust says actions were not threatening

Last week, Andrew Thacker, of the County Durham and Darlington NHS Foundation Trust, told the tribunal that Henderson had not acted in a “threatening” way.

At the start of the hearing, Karen Danson, 45, claimed her trans colleague was “clearly watching” her and repeatedly asked if she was going to get undressed. Ms Danson said the experience triggered PTSD from child sexual abuse.

Other colleagues accused Henderson of “intimidating” behaviour, including giving “judgmental looks” to staff who chose to change in the toilets

Addressing the allegations, Henderson said: “Given that prior to this I did not know who most of the staff were, I’m not in the business of levelling evil looks or hard stares at anyone. There would be no reason for me to glare.”

NHS refused to ask trans nurse to use male facilities

On Friday, the hearing was told NHS bosses refused to tell Henderson to use male changing rooms because it would be “discriminatory”.

Jillian Bailey, who oversees the trust’s equality and diversity policies, claimed that when she raised the issue of changing rooms to senior NHS staff, she was told it would be “wrong” for Henderson to be asked to use male facilities.

Mr Thacker, a director of workforce and organisational development at the trust, told the hearing last week that a trans nurse was no different than a larger woman.

He said “I think the image that you’re trying to portray is there was a largely built man using the female changing rooms. Rose identifies as a woman.”

Mr Thacker stated that he “could accept” it would be an issue “if this was a man who didn’t identify as a woman”.

The tribunal continues.