A nurse who was disciplined for misgendering a paedophile has confirmed that she will continue her legal fight with the NHS, which employs her despite being reinstated into her role.
The Epsom and St Helier NHS Trust has dropped its disciplinary proceedings against Ms Melle. The disciplinary process began over claims that Ms Melle had committed a data breach and compromised patient confidentiality when she spoke publicly about the case.
Nurse Melle had a 12-year unblemished work record at the Trust when the issues began. A devout Christian, she is said to have used male pronouns when caring for a patient who was a biological man (also a prisoner and convicted paedophile) who identified as a trans woman. The patient was said to have launched a tirade of racist abuse at Ms Melle, as well as threatening her physical safety, such that hospital security staff had to intervene.
Despite being the victim of an attack by a patient, it was Melle who was given a written warning and referred to the NMC as a “potential risk” over the alleged misuse of pronouns.
She was later suspended and prohibited from returning to her job for an alleged data breach after speaking about the case.
Despite her relief at being reinstated to duty, the episode was a painful one for Melle and with the assistance of Christian Concern, she intends to pursue her Employment Tribunal claims against the Trust. The hearing is due to take place in April 2026 and will deal with claims for harassment, discrimination, victimisation and other claims.
The Trust, giving a statement, said that racial abuse of staff will never be tolerated and that they are sorry Melle had this experience.
This is all very well, but did she have to go through the disciplinary in the first place when, in line with her religious beliefs, she could not countenance referring to a biological man as she/her?
This case encapsulates neatly the difficulties of managing the conflict of beliefs in the workplace and beyond. It is open to a biological man to live as a trans woman, but is it right that they can compel someone who, for religious reasons, does not believe they should have to use that person’s preferred pronouns, which go against their own belief system?
In this case, the situation has resolved in the workplace in nurse Melle’s case because the Trust determined that she had a right not to suffer racial abuse. Most employers are more concerned about eliminating any form of racial discrimination in the workplace than any other form of discrimination. Had she not been black, would the case have turned out differently? I happen to think there is a good chance it would.
This case has been widely reported in the media, including in The Times and across the BBC. It will be sure to generate more interest when the tribunal has reached its decision on liability. We will keep you posted.
This blog was written by Manuela de Castro, Senior Solicitor.
