Nurse Cleared in Patient Confidentiality Investigation Following Media Comments
A nurse from Croydon who was previously disciplined for using incorrect pronouns when addressing a transgender patient will face no further action regarding concerns she breached patient confidentiality by speaking to the media. The Epsom and St Helier Hospitals NHS Trust has confirmed that Jennifer Melle will not be subject to additional sanctions after a recent disciplinary meeting.
Background of the Pronoun Incident and Disciplinary Action
Jennifer Melle, a 40-year-old nurse based in South London, was involved in an incident at St Helier Hospital in Carshalton in May 2024. She reported that after referring to a transgender patient as "Mr," she was subjected to racial abuse from the patient. Following this event, the NHS trust issued Ms Melle with a written warning but allowed her to continue in her nursing role. The trust also communicated with the patient to emphasise that threatening and racist language would not be tolerated within the healthcare setting.
In March 2025, Ms Melle decided to share her experience with the media, leading to her suspension with full pay. The trust expressed concerns that the patient could potentially be identified from press reports, which might constitute a breach of patient confidentiality. This suspension prompted the recent disciplinary proceedings to assess whether confidentiality rules had been violated.
Nursing Council Guidelines and Confidentiality Obligations
The Nursing and Midwifery Council provides clear guidance on confidentiality, stating that nurses have a duty to protect patient information and ensure it is shared appropriately. Breaches of this duty can result in various consequences, including formal warnings, mandatory training, or even dismissal from employment. The trust's decision to take no further action indicates that they found no substantial evidence of a confidentiality breach in this specific case.
Ongoing Employment Tribunal and Support from Fellow Nurses
Despite this outcome, Jennifer Melle is proceeding with an employment tribunal scheduled for April. She is alleging harassment, direct discrimination, and indirect discrimination based on her gender-critical beliefs, which she associates with her evangelical Christian faith. This case highlights the complex intersection of professional conduct, personal beliefs, and legal protections in the workplace.
Ms Melle has received significant support from other nurses who have faced similar challenges. Bethany Hutchison and Lisa Lockey from Darlington, along with Sandie Peggie from Fife, have all been involved in tribunals related to sharing facilities with transgender colleagues. These nurses greeted Ms Melle outside the disciplinary meeting in Epsom, displaying a banner that read "standing with the Darlington nurses" as a show of solidarity.
Recent Tribunal Rulings and Legal Precedents
The Darlington nurses recently expressed feeling "massively vindicated" after a tribunal concluded they had experienced harassment that created a hostile and degrading work environment. Their case involved complaints about sharing single-sex changing rooms with a transgender colleague, and they described the ruling as a victory for common sense and women's safety at work.
Similarly, Sandie Peggie achieved a partial victory in her claim against NHS Fife in December, after raising concerns about sharing changing facilities with a transgender doctor. While her harassment claim was upheld, allegations of discrimination and victimisation were dismissed. She is currently appealing aspects of this ruling, indicating the ongoing legal complexities surrounding these workplace issues.
This case underscores the delicate balance healthcare professionals must maintain between respecting patient identities and upholding their own beliefs, all while navigating strict confidentiality protocols and employment laws.
