Bridget Phillipson says EHRC single-sex guidance will NOT apply to workplaces
11 February 2026 Issued by: Christian Legal CentreThis morning (11 Feb), Christian nurse Jennifer Melle has met with the Minister for Women and Equalities, the Rt. Hon. Bridget Phillipson, and Health Minister Karin Smyth in Parliament. (Image)
Jennifer Melle, 41, from Croydon, is being supported by the Christian Legal Centre, and has been at the centre of a high profile legal case after she was suspended for nine months for speaking to the media about how she was punished for indirectly ‘misgendering’ a paedophile patient.
Ms Phillipson was asked about the ongoing delay in publishing the EHRC guidance on single‑sex spaces and was informed that a policy developed by the Darlington Nursing Union and the Christian Legal Centre had been submitted to the Health Secretary, Wes Streeting, in November 2024. The policy sets out a lawful framework for addressing the provision of single‑sex spaces in the workplace.
In response, however, Ms Phillipson said: “There’s no delay, it’s just the process that we are following. I do want to get that good practice out there into the world. What I would say, however, is the Code of Practice, applies to services and associations. It doesn’t apply to the workplace regulations. So that really is a matter for the NHS…and how they intend to uphold their responsibilities as an employer.”
In April, following the For Women Scotland Supreme Court ruling, Mr Streeting pledged to introduce new NHS rules on single‑sex spaces “within weeks.”
However, no rules have yet been published, and NHS Trusts across the country continue to report that they are awaiting official guidance.
Ms Phillipson’s comments leave workplaces in complete limbo, with no clarity on how to proceed, and place the consequences of the For Women Scotland, Darlington, and Fife rulings squarely back in Mr Streeting’s hands.
No nurse or teacher should have to use preferred pronouns says government
During the meeting, a tearful Jennifer Melle shared her story with Ms Phillipson and Ms Smyth. Ms Phillipson affirmed that no one should ever have to endure the racial abuse Jennifer experienced and stressed that nurses, and indeed anyone, must be free to hold and express their beliefs in the workplace.
She added that no teacher should be compelled to use someone’s preferred pronouns in an educational setting, and Ms Smyth noted that the same principle applies within the NHS.
Their comments effectively vindicate Jennifer, who was punished, investigated, suspended, and reported as a “risk” to the public and to the reputation of the NHS for declining to use a paedophile patient’s preferred pronouns.
When asked about the ongoing Nursing and Midwifery Council (NMC) cases involving Jennifer and four of the Darlington nurses, Ms Phillipson explained that the government cannot intervene because the NMC operates as an independent body.
In recent years, a number of nurses and doctors have been reported to the NMC and GMC for upholding biological reality and refusing to comply with what they consider extreme gender‑identity requirements in the workplace.
These cases often take up to three years to conclude, during which professionals can see their careers placed in jeopardy.
‘Alarmed’
Following the meeting, Jennifer Melle, said: “I am thankful to have had the opportunity to speak to the government about my case. I was alarmed to hear that the long awaited EHRC guidance does not apply to workplaces, however. The government needs to be transparent and someone in authority has to take decisive action.
“I, and nurses across the country, need urgent action from the government so that no nurse has to go through what I have.
“I really hope Ms Phillipson will listen to me, understand what I have been through, and will take decisive action to protect NHS frontline workers.
“No more nurses should ever have to endure what the Darlington nurses went through, what Sandie Peggie went through, or what I have gone through. None of us should be punished for speaking the truth, for standing by our professional judgement, or for living according to our deeply held beliefs.
“I remain determined that the lessons of my case, and the cases before mine, must be learned. The NHS must protect its staff, uphold fairness, and ensure that no nurse is ever again placed in an impossible position for simply doing their job with integrity.”
Andrea Williams, chief executive of the Christian Legal Centre, said:
“Unclear and unlawful policies have led directly to cases like those of Jennifer Melle, the Darlington nurses, and Sandie Peggie. The system is simply not fit for purpose, and no one in authority seems willing or able to take decisive action. In the meantime, it is ordinary, courageous nurses on the NHS front line who pay the price. We will be contacting Mr Streeting urgently to seek his response.’”
What led to the meeting?
The meeting came after intense media and political pressure, which included a cross‑party petition calling for Jennifer not to be sacked for an alleged ‘data breach’.
The allegation arose after she spoke to the media about being investigated and reported as a risk to the public following racial abuse and assault for not using a paedophile patient’s preferred gender identity.
As well as pressure on St Helier and Epsom University Hospitals NHS Trust, Phillipson was urged to meet Jennifer to discuss her case on the floor of the House of Commons by the Shadow Equalities Minister, Rt. Hon Claire Coutinho.
On the 20 January, the Trust dramatically dropped their disciplinary case against Jennifer and said she could return to work.
The Trust had previously issued Melle a written warning and later suspended her for nine months while investigating allegations that she had disclosed details of the paedophile incident publicly. The Trust ultimately concluded that there was no evidence Jennifer had done anything wrong and it would take no further action.
Despite the internal case being closed, supported by the Christian Legal Centre, Melle will continue pursuing justice through her full employment tribunal hearing in April, where she is bringing claims including harassment, discrimination, victimisation, and breaches of freedom of thought, conscience and religion.
Melle, 41, who has worked on the NHS frontline for 12 years with a previously unblemished record, still also faces two outstanding Nursing and Midwifery Council fitness-to-practise investigations over ‘misgendering’ the paedophile and whistleblowing to the media.
Petition delivery
Ahead of the meeting, Jennifer, the Darlington nurses an Fife nurse, Sandie Peggie delivered a petition signed by over 60,000 people to Wes Streeting at the Department for Health calling for the government to urgently publish the EHRC guidance on single-sex spaces. (Image)
The petition comes in the wake of the Darlington nurses’ landmark tribunal victory, in which the employment tribunal ruled that their NHS Trust had unlawfully discriminated against them by requiring them to share female‑only changing rooms with a biological male colleague identifying as a woman.
What happened to Jennifer?
Jennifer has worked at St Helier Hospital for 12 years with an unblemished record.
While on duty, she cared for a prisoner patient, “Mr X”, a biological male and convicted paedophile. During a clinical discussion with a colleague, she used biologically accurate language which the patient overheard. The patient responded with racial abuse and a physical threat, requiring security intervention.
Despite being the victim, Melle received a first written warning in October 2024, which was reduced to first on appeal, but was reported to the NMC as “a potential risk”. Staff were later instructed not to speak publicly about the case or engage with her.
Days later, Melle was removed from duty, summoned to an “informal” meeting, and informed the next morning that she was being investigated for a “potential data breach”, without being told what information she was alleged to have disclosed. She was suspended, escorted from the premises, and barred from returning. During her suspension, the Trust strengthened its policy to classify “misgendering” as an explicit breach.
Jennifer believes the data‑breach allegation was used as a pretext for punishing her for whistleblowing and that the process did not adequately consider whistle-blower protections.
She has also described her sense of abandonment by the Royal College of Nursing, which advised her only to “do a reflection” and declined to intervene.
She describes the suspension period as “the darkest of my life,” marked by fear, anxiety and uncertainty as a single mother.
Her case is expected to be a significant test of how NHS Trusts reconcile gender‑identity policies with legal requirements relating to biological sex and Christian beliefs.
