A British nurse who was disciplined after declining to use female pronouns for a transgender inmate is now fighting her employer in court.
Jennifer Melle says she was racially abused by the patient and unfairly punished by the hospital instead of protected.
Melle, 40, a nurse at St Helier Hospital in Carshalton, Surrey, was caring for a transgender inmate from a high-security men’s prison in May 2023 when the encounter unfolded.
According to her account, the patient objected when she addressed them as “Mr.” Melle says she told the patient she could not use female pronouns because it conflicted with her Christian beliefs, but offered to use the patient’s name instead.
The patient allegedly responded by lunging at her and directing three racial slurs at her. The attack was classified as a racially and religiously aggravated assault.
Despite being the target of the abuse, Melle was investigated by the hospital several months later. In October 2024, she received a final written warning and was referred to the Nursing and Midwifery Council (NMC), which enforces professional standards. The NMC’s code instructs nurses not to express personal beliefs while delivering care.
Melle has now filed legal action against the Epsom and St Helier University Hospitals Trust, accusing it of harassment, discrimination, and breaching her human rights.
“I was racially abused in my workplace, and instead of protecting me, the Trust punished me,” she said in a statement, according to a report by Telegraph. “My Christian faith teaches me that sex is immutable. I should not be forced to deny that truth to keep my job.”
Her case comes as the U.K. health sector waits for updated guidance from the Equality and Human Rights Commission (EHRC), which is expected to clarify how single-sex spaces should operate after a major April Supreme Court ruling.
The court held that, under the Equality Act, sex is defined biologically and that protections for “women” apply only to those born female — a decision that could reshape policies across hospitals, public venues, and local councils.
But the government has not yet published the long-delayed 300-page guidance submitted by the EHRC in September, leaving employers and unions unsure how to navigate disputes involving gender identity, patient care, and staff obligations. A leaked version raised concerns from some Labour MPs who argued it could lead to transgender people — and even non-transgender women who “don’t look feminine enough” — being challenged in single-sex areas.
The Royal College of Nursing (RCN), the influential professional union for nurses, has also drawn criticism from Melle. She argues the organization should have defended her but instead told members it would wait for the formal EHRC guidance before offering advice on how the Supreme Court ruling applies to nursing practice.
Advocates supporting Melle argue the case could set a national precedent. Andrea Williams of the Christian Legal Centre, which is backing her legal challenge, said:
“If professional bodies can disregard Supreme Court rulings and fail to protect the very people they were set up to look after, then the rule of law itself is at risk.”
A spokesman for the Epsom and St Helier University Hospitals NHS Trust said the organization expects all staff to follow professional standards and condemned the racial abuse Melle reported.
“As our internal proceedings are still ongoing, it wouldn’t be right for us to comment further,” the spokesman said.
The RCN and NMC are yet to provide a comment.
