A Christian NHS nurse who was suspended after addressing a transgender paedophile inmate as “Mr” says she has been left “punished instead of protected” as the Government delays publishing long-awaited equalities guidance following a landmark Supreme Court ruling on biological sex.
Jennifer Melle, 40, was working at St Helier Hospital in Carshalton, Surrey, in May last year when the incident occurred during a discussion about catheterisation with a male-born prisoner who identifies as a woman. The patient, a convicted paedophile from a high-security men’s prison, objected to Ms Melle using male pronouns. She replied that she could not refer to the patient as “she” or “her”, explaining that doing so would conflict with her Christian belief that sex is biologically immutable. She offered instead to address the patient by name.
The encounter escalated when the inmate allegedly lunged at her and directed racially charged abuse, calling her a “n—–” three times. Despite being the victim of verbal and physical aggression, Ms Melle was subsequently subjected to an internal investigation and disciplinary action.
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In October 2024 she received a final written warning, and her case was referred to the Nursing and Midwifery Council (NMC) to assess whether her conduct breached professional expectations forbidding the expression of personal beliefs in a clinical setting.
Ms Melle has since launched legal action against Epsom and St Helier University Hospitals Trust, claiming harassment, discrimination and breaches of her human rights. She argues that the Trust failed to protect her, prioritising ideological requirements over the safety and beliefs of frontline staff.
“I was racially abused in my workplace, and instead of protecting me, the Trust punished me,” she said. “My Christian faith teaches me that sex is immutable. I should not be forced to deny that truth to keep my job. The Supreme Court has spoken clearly: biological sex matters in law. Yet organisations that claim to champion equality are choosing delay over action. This is not inclusion; it is discrimination.”
Her comments reflect growing frustration among service providers awaiting updated guidance from the Equality and Human Rights Commission (EHRC) on how the Supreme Court’s April ruling should be implemented. The Court affirmed that under the Equality Act, sex is defined by biology, not gender identity, and protections against sex discrimination apply specifically to biological women.
Despite the ruling, many NHS trusts and local authorities have continued to allow male-born transgender women to access female-only spaces. Concerns have intensified following allegations that the Government is delaying publication of a revised 300-page EHRC code of practice submitted to Bridget Phillipson, the minister for women and equalities, in September. Critics say ministers fear reigniting tensions within the Labour Party after leaked drafts suggested transgender people could be restricted from single-sex spaces based partly on appearance—an interpretation some MPs warned could lead to biological women being challenged for “not looking feminine enough”.
The Royal College of Nursing (RCN) has also come under scrutiny after telling members it cannot take a position until the new guidance is released. Documents seen by The UK Telegraph show Professor Nicola Ranger, the RCN’s general secretary, acknowledging widespread concern among nurses about the implications of the Supreme Court ruling for clinical practice. She said the College was awaiting statutory guidance before advising staff on whether biological sex should be prioritised over gender identity in patient interactions.
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Supporters of Ms Melle argue that the delay has left frontline clinicians uncertain about how to comply with both the law and internal NHS policies. Bethany Hutchison, president of the Darlington Nursing Union, warned that nursing must not become a profession in which conformity to “acceptable beliefs” determines one’s ability to work. She stressed that Ms Melle is a competent nurse who simply “cannot compromise her belief that sex is immutable”.
Andrea Williams, chief executive of the Christian Legal Centre, which is supporting Ms Melle’s claim, said the case is emblematic of a wider problem. “Jennifer’s case is not just about one nurse; it is about truth and the freedom to speak truth in the workplace. The Supreme Court has made it clear that biological sex is legally recognised, yet institutions continue to ignore binding law while clinging to ideological policies. If professional bodies can disregard Supreme Court rulings, the rule of law itself is at risk.”
Epsom and St Helier University Hospitals Trust said staff were expected to follow NMC professional standards and maintain patient confidentiality. A spokesman added: “There is no excuse for racially abusing our staff and we’re sorry that Miss Melle had this experience. As internal proceedings are ongoing, it would not be appropriate to comment further.”
Ms Melle’s case now sits at the centre of a national clash between evolving gender-identity policies and the legal reassertion of biological sex—an issue likely to remain volatile until the Government finally publishes the delayed equalities guidance.Christian Nurse Punished After Declining to Use Female Pronouns for Transgender Inmate
