Epsom and St Helier University Hospitals NHS Trust has cancelled a disciplinary hearing for senior nurse Jennifer Melle at the last minute.
The hearing was scheduled for Tuesday.
The Trust told Melle it could not proceed due to the unavailability of a panel member.
No new date has been set.
BBC National News had contacted the Trust the same afternoon to cover the outcome.
The cancellation follows a recent employment tribunal ruling in the Sandie Peggie case, where NHS Fife was found to have harassed a nurse over single-sex facility concerns.
Melle, 40, from Croydon, has worked at St Helier Hospital for 12 years with no previous issues.
In March 2024, she referred to a prisoner patient known as “Mr X” as “he” during a clinical discussion.
Mr X is a biological male who identifies as female and is a convicted paedophile serving time in a high-security men’s prison for luring boys online.
Mr X reacted by screaming abuse, using racial slurs including the N-word, and lunging at Melle.
Guards restrained him.
Melle was the victim of the abuse.
The Trust investigated Melle and issued her a written warning in October 2024.
It also referred her to the Nursing and Midwifery Council (NMC), which called her “a potential risk” for not using the patient’s preferred pronouns.
When Melle spoke to media in March 2025, the Trust suspended her for an alleged “data breach”.
She has been suspended since.
Yesterday, Conservative Shadow Equalities Minister Claire Coutinho MP wrote to Trust Chairman Sir Mark Lowcock and Chief Executive James Blythe.
She called for the hearing to be halted and requested an urgent meeting.
Coutinho said any sanctions against Melle would damage the Trust’s reputation and that beliefs in biological sex are protected under the Equality Act.
Melle has launched legal action through the Christian Legal Centre, alleging harassment, discrimination and victimisation under the Equality Act, plus breaches of Article 9 of the European Convention on Human Rights.
A full employment tribunal is set for April 2026.
Melle said she always aimed to provide high-quality care but could not refer to a male paedophile as a woman without compromising truth and patient safety.
She stands by her convictions.
The case has drawn support from Kemi Badenoch, Leader of the Opposition, who called Melle’s treatment “completely crazy”.
Health Secretary Wes Streeting condemned the racist abuse against Melle but has not commented on NHS pronoun policies.
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