Nurse Reinstated Following Disciplinary Investigation Over Patient Confidentiality Concerns
A nurse who was suspended after speaking to media about receiving a warning for using incorrect pronouns when addressing a transgender patient has been reinstated to clinical duties following a disciplinary hearing.
Jennifer Melle, 40, from Croydon in south London, expressed her relief at the outcome of the investigation conducted by Epsom and St Helier NHS Trust. The disciplinary meeting concluded that while confidential patient information had been shared publicly, there was no evidence that anyone had identified the patient as a result.
Background to the Suspension and Investigation
The case originated from an incident in May 2024 at St Helier Hospital in Carshalton, where Ms Melle reported being racially abused by a transgender patient after referring to them as "Mr." The trust issued her with a written warning at that time and also wrote to the patient to warn that threatening and racist language would not be tolerated.
Ms Melle continued in her role until March 2025, when she spoke to media about her experience. This led to her suspension with full pay over concerns that the patient could have been identified from press reports, potentially breaching patient confidentiality guidelines.
The Nursing and Midwifery Council guidance clearly states that nurses have a duty of confidentiality to all patients, including ensuring that information about them is shared appropriately. Breaches of this duty can result in various sanctions ranging from warnings and additional training to dismissal.
Employment Tribunal Proceedings and Support Network
Despite her reinstatement, Ms Melle is proceeding with an employment tribunal scheduled for April, where she will bring claims of harassment, direct discrimination, and indirect discrimination. Her case centers on allegations concerning her gender critical beliefs, which she argues are protected under the characteristic of religion or belief due to her evangelical Christian faith.
Ms Melle has received support from fellow nurses who have faced similar workplace challenges. Bethany Hutchison and Lisa Lockey from Darlington, along with Sandie Peggie from Fife, greeted her outside the Epsom Gateway venue where the disciplinary meeting was held. They held a banner reading "standing with the Darlington nurses" in a show of solidarity.
Related Cases and Legal Precedents
The Darlington nurses recently experienced what they described as "massive vindication" when a tribunal concluded they had suffered harassment that created a hostile, intimidating, humiliating, and degrading work environment. Their case involved complaints about sharing single-sex changing rooms with a transgender colleague.
Similarly, Ms Peggie secured a partial victory in December in her claim against NHS Fife after complaining about sharing changing facilities with a transgender doctor at a hospital. She is currently appealing aspects of that ruling, which upheld her harassment claim but dismissed allegations of discrimination, indirect discrimination, and victimisation.
Official Statements and Future Implications
An Epsom and St Helier Hospitals NHS spokesperson stated: "Following an investigation into a breach of patient confidentiality, we are pleased that a member of staff who was previously suspended on full pay is being reinstated to clinical duties. Racial abuse of our staff will never be tolerated and we are sorry that she had this experience."
Ms Melle described feeling "deeply relieved and grateful" at the decision, following what she called an "incredibly long and painful journey." The case highlights ongoing tensions within healthcare settings regarding pronoun usage, patient confidentiality, and the rights of healthcare professionals with gender critical beliefs.
