Tuesday
25
March
What to expect in Employment Law in 2026 (Leeds Seminar)
Join us for breakfast and networking, followed by our expert speaker presentation, a roundtable discussion, and a Q&A session.
Book your place
The ET ruled that requiring women to share changing rooms with a trans woman was harassment and indirect sex discrimination, stressing evidence-based employer decisions.
29 January 2026
Case Study
Hutchinson and others v County Durham and Darlington NHS Foundation Trust, an employer that allowed a trans woman to use female changing rooms was found liable for indirect sex discrimination and harassment on the grounds of sex.
The Trust operated a policy permitting employees to use changing rooms in line with their self-declared gender identity. A trans woman employed by the Trust began using the female changing rooms and Ms Hutchinson and several other female employees who also used those facilities raised concerns. The Trust declined to amend its policy and the employees brought claims before the ET.
Case Study
The ET confirmed that it was required to interpret the Equality Act 2010 in light of the Supreme Court’s decision in For Women Scotland (which established that references to ‘sex’ mean biological sex).
Applying that approach, the tribunal found that requiring Ms Hutchinson and her colleagues to share a changing room with a biological male trans woman, and failing to address their objections to the Trust’s policy permitting biological males to access female changing rooms, amounted to harassment related to sex.
In relation to indirect sex discrimination, the tribunal identified two relevant PCPs: (i) allowing access to single-sex changing rooms on the basis of self-declared gender identity; and (ii) prioritising the perceived rights of transgender employees to use facilities aligned with that identity over the rights of other employees to single-sex facilities. While these PCPs applied on their face to both men and women, the tribunal found they placed women at a particular disadvantage. Women were more likely to experience distress, fear or humiliation when required to share communal changing facilities with a member of the opposite biological sex.
The Trust failed to justify the PCPs, and therefore the indirect discrimination claim succeeded. This finding is important in that the other cases either did not consider the issue of indirect discrimination or, for those that did, reached a different finding.
Contact Us
If you’re reviewing workplace changing room policies or need guidance on balancing staff rights and gender inclusion, complete the form below or call 0330 123 9501 to speak with our Employment Law and HR team.
Knowledge
Tuesday
25
March
Join us for breakfast and networking, followed by our expert speaker presentation, a roundtable discussion, and a Q&A session.
Book your placeWednesday
26
March
Employment law update on family leave rights for 2026. Practical guidance, new entitlements and live Q&A for employers.
Book your placeET dismisses claims over trans women using female toilets, clarifying employer duties and best practice for workplace facilities.
Read MoreET rules on non-binary staff, workplace records, and harassment, clarifying protections under the Equality Act.
Read MoreEmployment Tribunal examines gender critical beliefs, trans rights, and single-sex spaces in landmark Peggie v Fife Health Board case.
Read MoreWednesday
11
March
Join us on 11 March 2026 for our Employment Law Seminar: key changes, tribunal cases, and expert insights for HR professionals.
Book your placeDownload our Employment Rights Act Resource Pack to navigate key 2025–2027 employment law changes with expert guidance and practical tools.
Read moreEmployee falls asleep at work and is unfairly dismissed; explore lessons for employers on investigations, mitigation, and proportionality.
Read MoreHow employers can handle whistleblowing effectively to reduce risk and prevent escalation, drawing lessons from the Argence-Lafon case.
Read MoreExplore lessons from the Ritchie V Goom Electrical Ltd case on managing conflicting workstyles and age diversity in modern offices.
Read MoreA clear roadmap from our Employment & HR Law team on upcoming Employment Rights Bill changes employers need to prepare for.
Read moreNorman v Lidl: Redundancy scoring based on degree requirement found to be indirect age discrimination, costing the employer over £50,000.
Read MoreScroll to next section
Scroll back to the top
On Monday 29 September, Flint Bishop successfully completed the acquisition of the entire business of Lupton Fawcett LLP. You have been forwarded to the page most relevant to your visit.
Please feel free to explore our website and learn more about our legal services and professionals, including those who have recently joined us from Lupton Fawcett.