Twist in the case

NHS managers were repeatedly warned that their handling of the Darlington nurses’ changing-room dispute risked becoming an expensive scandal, newly released tribunal evidence has revealed.

Stephen Twist, then a public governor of County Durham and Darlington NHS Foundation Trust, invoked the Post Office Horizon Inquiry and the Countess of Chester scandal as he pressed senior figures to obtain independent legal advice, consider mediation and allow proper scrutiny of their decisions.

His warnings are detailed in a witness statement presented at Newcastle Employment Tribunal on Tuesday and released by Christian Concern, which supported the seven nurses who successfully sued the Trust.

Mr Twist began raising concerns in June 2024, after a Trust member contacted him about the nurses’ demand for female-only changing facilities. The following day, the Trust’s head of communications asked him to delete a social-media post about the case and keep discussion in-house.

He complied with the request but continued asking questions. Over the next six months, he challenged managers over the likely cost, the welfare of staff, the prospects of losing and whether mediation had been properly explored.

In November 2024, Mr Twist referred managers to lessons emerging from the Horizon Inquiry and urged them to seek an independent opinion from specialist counsel rather than relying solely on the Trust’s regular solicitors.

“My aim is to avoid criticism of the Trust should resolution options be missed and this matter be litigated,” he wrote.

The following month, he warned against “any suggestion of suppression of discussion”, pointing to governance failures surrounding the Countess of Chester Hospital.

The Trust denied suppressing debate and said the dispute was a management matter being handled by senior executives, with the board kept informed. Mr Twist argued that keeping governors out of a controversy involving staffing, finances and ward safety rather defeated the point of having governors.

Yet, as the legal warning lights flashed, the Trust continued signalling its priorities.

On 4 June 2025, with the case heading towards trial, it publicised a meeting between its board, executive team and LGBTQ+ Staff Network to set priorities for the year ahead and demonstrate “their full backing for the Network’s continued efforts to build a more inclusive, respectful and supportive workplace for everyone across the organisation”.

The Trust added: “Staff networks play a vital role in shaping the culture of #TeamCDDFT, and the LGBTQ+ Staff Network continues to lead the way in creating space for meaningful conversations, allyship and change.”

There was no equivalent public declaration of support for the female nurses whose complaints had brought the Trust to court.

Managers pressed on to a three-week hearing later that year and lost on the central claims. In January, the tribunal ruled that requiring the nurses to share a changing room with a male colleague who identifies as a woman, and failing to take their objections seriously, amounted to harassment and indirect sex discrimination.

The women received £187,000 in damages. Christian Concern says it was subsequently reported that the Trust’s own legal bill had reached £603,000.

The nurses are now seeking 90 per cent of their legal costs, which have previously been estimated at up to £500,000. If their application succeeds, the combined cost of the Trust’s defence, damages and the nurses’ bill could approach £1.25 million.

The Trust is contesting the application before Employment Judge Seamus Sweeney.