NHS Trust inserted clause on recognising gender identity

15 December 2025

Epsom and St Helier University Hospitals NHS Trust has come under fire after it emerged that in September 2025, the Trust inserted a clause into its Dignity and Respect at Work Policy stating:

“Deliberately misgendering someone, including persistent use of incorrect pronouns or chosen name,” can constitute harassment under the section entitled ‘Harassment of people from the LGBTQ+ community’.

This means that staff who refuse to use a patient’s chosen gender identity, even when the patient is a convicted paedophile, could face disciplinary action for harassment.

Lawyers supporting Jennifer’s legal case against the Trust, say this elevates transgender ideology above other rights, is an infringement of free speech and enforces compelled speech.

The clause was brought into the policy months after Jennifer had been disciplined, referred to the Nursing and Midwifery Council for not using a paedophile’s preferred gender identity, and after she had launched legal action.

The revelation comes as the Trust abruptly cancelled the disciplinary hearing of Christian nurse Jennifer Melle, scheduled for Tuesday (9 December), following the Sandie Peggie ruling, which found NHS Fife had harassed a nurse over sex-based rights in changing rooms.

The timing has raised questions about whether NHS trusts are reassessing gender identity policies in light of recent legal developments, or whether the Trust is dragging out its investigation process to avoid the media glare.

Government agrees to meet Jennifer

The story comes after the government agreed to meet the Christian nurse, following a question put to them on her case on the floor of the House of Commons by MP Claire Coutinho. 

Jennifer, 40, a single-mother from Croydon, has served at St Helier Hospital for twelve years with an unblemished record. While on duty, she cared for a prisoner patient referred to as ‘Mr X’, a biological male who identifies as female and is a convicted paedophile held in a high-security men’s prison after multiple convictions for luring boys into sex acts while pretending to be a teenage girl online.

During a clinical discussion about the patient’s medical needs, Jennifer referred to him as “he/Mr,” consistent with biological sex and medical records. Mr X reacted violently, screaming: “Do not call me Mr! I am a woman,” before racially abusing Jennifer, calling her the N-word multiple times, and lunging at her. He had to be restrained by guards.

Despite being the victim of abuse, Jennifer was investigated and disciplined. In October 2024, the Trust issued her with a written warning and referred her to the Nursing and Midwifery Council (NMC), which branded her “a potential risk” for not using the patient’s chosen gender identity. When Jennifer spoke to the media in March 2025, her story went viral, prompting the Trust to suspend her for an alleged “data breach.” She has been suspended ever since.

It seems the September policy change is intended to ensure that Jennifer and her colleagues can no longer use correct biological pronouns for transgender patients without being guilty of harassment.

She warns this has serious ramifications for staff across the NHS:

Jennifer Melle said:

“This policy forces nurses to deny biological reality and use compelled speech, even for violent offenders. It leaves staff vulnerable and strips away freedom of conscience. I have been abandoned by the NHS and the Royal College of Nursing, the very bodies meant to protect us. If this stands, thousands of nurses will be coerced into saying what they do not believe, under threat of losing their careers.”

Jennifer’s case has drawn national attention and political intervention. Claire Coutinho MP For East Surrey which covers part of the Trust, and Shadow Minister for Equalities, wrote to the Trust’s leadership urging them to halt disciplinary proceedings, calling the treatment of Jennifer “a grave injustice” and warning that sanctions would cause “severe damage to the Trust’s reputation.”

Legal action supported by the Christian Legal Centre is underway, alleging harassment, discrimination, and breaches of rights under the Equality Act and Article 9 of the European Convention on Human Rights. A full employment tribunal hearing is scheduled for April 2026.

Andrea Williams, Chief Executive of the Christian Legal Centre, said:

“Policies like this are at the heart of the problem across our institutions. They compel speech, enforce ideology, and punish staff who uphold biological reality and express their Christian faith. These policies must be urgently reviewed by government before more lives and careers are destroyed.”

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