A Christian nurse suspended since April after refusing to use a transgender patient's preferred pronouns has accused the Royal College of Nursing (RCN) of "discrimination".
Jennifer Melle questioned why the RCN has not yet acted in her case, despite the UK Supreme Court recently reaffirming the legal recognition of biological sex.
She was suspended on full pay by Epsom & St Helier University Hospitals for an alleged “data breach” after speaking to the media about disciplinary action taken against her after she referred to a trans biologically male patient as 'Mr'.
The patient, who claims to be a woman but is serving time at a high-security men's prison, is alleged to have racially abused Melle by referring to her as a “n****r”.
Melle is receiving legal assistance from the Christian Legal Centre (CLC), which said that a recent meeting with the RCN had acknowledged the impact of the situation on her while also affirming that it was waiting for the Equality and Human Rights Commission (EHRC) to publish its statutory code of practice before deciding on action.
“We await the EHRC statutory code of practice for services, public functions, and associations and the code may provide guidance on how this relates to the provision of health and care services," the RCN said, according to the CLC.
It added that although Melle is being legally represented by the CLC, she "remains able to access our other member support services as she may require".
Melle is calling on the RCN to do more to assist her after previously saying she felt abandoned by the nursing body in her hour of need.
“I was racially abused in my workplace, and instead of protecting me, the Trust punished me. My Christian faith teaches me that sex is immutable. I should not be forced to deny that truth to keep my job," she said.
“The Supreme Court has spoken clearly: biological sex matters in law. Yet the RCN, an organisation that claims to champion equality, chooses delay over action. Nurses like me are left vulnerable while ideology trumps reality. This is not inclusion; it is discrimination.”
Bethany Hutchison, one of several nurses suing their NHS trust after being forced to change in the same space as a biologically male trans colleague, is not surprised.
“Jennifer’s case is not an isolated incident," she said.
"Across the NHS, women are being told to ‘broaden their mindset’ and accept policies that erase biological reality.
"The Supreme Court has spoken, yet institutions drag their feet.
"Why is it that the NHS has repeatedly implemented unlawful Stonewall policies, but cannot follow a legal ruling from the highest court in the land? We will not stop fighting for dignity and truth in healthcare.”
CLC chief executive Andrea Williams said Melle's case had broader implications for the nursing sector.
“Jennifer’s case is not just about one nurse, it’s about truth. It’s about common sense. It’s about the freedom to express truth in the workplace," she said.
"The Supreme Court has made it clear that biological sex is legally recognised, yet institutions like the RCN and NHS are ignoring binding law while clinging to ideological policies.
"The RCN’s failure to stand with Jennifer sets a dangerous precedent: 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.
"Jennifer’s fight will determine whether legal rights mean anything in practice.”
The RCN has been contacted for comment.
