A senior Christian nurse is launching a case against a hospital trust in a row over a transgender patient.
Jennifer Melle, 40, from Croydon, is taking action against Epsom and St Helier University Hospital Trust, claiming harassment, discrimination and human rights’ breaches.
The battle comes after she declined to refer to a male transgender patient as "her" or "she" on the night of May 22, 2024.
Melle says the patient used racially offensive language and threatened physical violence after she said: "I am sorry I cannot refer to you as her or she, as it’s against my faith and Christian values, but I can call you by your name."
Melle says the patient had been brought in for treatment from a Category C men’s prison and was a sex offender.
An investigation at the hospital subsequently concluded that: "The [Nursing and Midwifery Council] Code of Conduct outlines that in order to treat people as individuals and to uphold their dignity nurses should avoid making assumptions and should recognise Diversity and individual choice."
The report cited the NMC Code of Conduct which states that nurses should "not express your personal beliefs (including political, religious or moral beliefs) in an inappropriate way. Therefore, although [Melle] felt unable to identity Patient X using the preferred pronouns due to her religion, as outlined in the NMC Code of Conduct, it could be perceived that [Melle's] actions could…be seen as a potential breach of the code."
Summoned to a disciplinary hearing in October 2024, Melle was given a final written warning and has been referred to the Nursing and Midwifery Council (NMC).
Since the incident, she has been moved to another ward. Melle has now filed a legal claim on the grounds of harassment and direct discrimination.
She says that the NHS has unlawfully interfered with her rights under Article 9 ECHR to freedom of thought, conscience and religion, especially with her right to manifest her religion by seeking to compel her to use preferred pronouns.
"Devastated"
Melle, who says she has never had any issues with any transgender patients previously, said: “I am devastated by how I have been treated and believe I am being institutionally abused, harassed, bullied and racially discriminated against.
“Ever since I have expressed my Christian beliefs under extreme pressure, I have been a marked woman. I do not feel supported by my colleagues, or the NHS, following the racial abuse and threat of physical violence I received from the patient. I remained professional throughout and always treat each and every individual with dignity and respect.
“My conduct throughout this incident and during my career has been fully compliant with the code.
“I have been put at risk, but I am being treated like a criminal. Sadly, if you put your head above the parapet and speak truthfully on these issues in the NHS the risk is that you will be knocked down, punished severely and demoted.
“The message to me during the investigation is that I should put up with extreme racism and deny biological reality and my deeply held Christian beliefs, for the sake of ‘inclusivity’ and respecting lies.
“It feels like I am dreaming, but I am trusting in Jesus to look after me. I have to take a stand on this issue and am concerned about how many other NHS workers are suffering in silence during similar experiences.”
Andrea Williams, Chief executive of the Christian Legal Centre, said: “The NHS appears to remain captured by transgender ideology to the point it is prepared to back a convicted paedophile, who was clearly very disturbed and shouting racist comments, over the Christian nurse.
"Jennifer Melle was genuinely doing her best while not wanting to deny her Christian faith and biological reality.
“We thought we had seen it all when it comes to controversial legal cases on these issues, but what Jennifer Melle is experiencing at the hands of this ideology is off the scale and on a whole new disturbing level.
“Jennifer loves Jesus and is a talented nurse who should be supported and protected, not investigated and silenced.
“The Trust cannot force compelled speech on their staff and an urgent U-turn and apology is needed.
“We would ask Wes Streeting, as Health Secretary, to investigate what is happening here.
“It’s time for the government to stop equality and diversity policies being weaponised in the NHS to punish innocent nurses just doing their job.
“We will stand with Jennifer for as long as it takes for her to receive justice and with any other nurses who are discriminated against due to this dangerous ideology.”
