Hospital managers delay making changes in wake of Supreme Court trans ruling
28 May 2025, 21:55 | Updated: 29 May 2025, 09:38
Hospital managers have delayed bringing in changes to their policies in the wake of the landmark Supreme Court ruling about the definition of a woman.
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Senior staff at Epsom and St Helier University Hospitals NHS Trust have said its policies will not change until NHS England issues guidance.
A statement issued to staff said that “while we await further national guidance on any practical implications” of the Supreme Court’s landmark ruling on the definition of a woman, “our commitment remains unchanged”.
In April, the Supreme Court ruled that under the Equality Act 2010 the word woman means “a biological woman or girl — a person born female”.
The UK's equality watchdog, the Equality and Human Rights Commission, issued interim guidance on the practical implications of the judgement that said: "If somebody identifies as trans, they do not change sex for the purposes of the Act, even if they have a gender recognition certificate”.
The guidance advised that the ruling meant “a trans woman is a biological man”.
A statement issued by Victoria Smith, group chief people officer at the South London hospital trust, continued: "Inclusion isn’t just a value we talk about — it’s something we live through our policies, our practice, and the way we treat one another, every day.”
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The Epsom and St Helier University Hospitals trust is waiting for guidance from NHS England on the Supreme Court ruling instead of referring its staff to the view of the UK’s Equality and Human Rights Commission, according to the Times.
However hospital chiefs say the EHRC has not yet published any specific guidance for the NHS to follow.
Ms Smith's statement to staff said senior managers wanted “to take a moment to reaffirm something that remains at the heart of who we are."
It said: “Everyone deserves to be treated with dignity, respect and compassion."
"That includes our transgender staff, patients and community members, as well as those whose gender identity is non-binary or different from the sex they were assigned at birth.”
Ms Smith said that the trust’s senior managers “know this ruling may feel upsetting or uncertain to many, and we want to be clear: you are respected, you are supported and you are valued here at Gesh [St George’s, Epsom and St Helier Hospital Group]."
"Your identity is valid, and your presence strengthens our organisation and the care we provide.”
A spokesman for the hospitals said that trusts were “waiting for guidance from NHS England on what the Supreme Court ruling means for our patients”.
The trust is currently being sued by nurse Jennifer Melle who claims she was unfairly disciplined for referring to a male paedophile as “Mr”, against his preference for female pronouns.
She has alleged that she and colleagues were told that a patient who was convicted of a sex offence was being brought from a men's prison.
She said that the patient was "clearly masculine" in appearance, and his medical records stated he was male.
She was allegedly approached by a colleague who told her that the patient wanted to self-discharge and was disturbing other patients on the ward.
It is alleged that the patient overheard her conversation with a doctor on the phone and shouted: “Do not call me Mr. I am a woman.”
Her lawyers said she had been formally disciplined by managers at the trust for “not respecting the patient’s preferred identity” and that her actions had “fallen short of the trust’s value of respect”.
She is suing the trust for harassment, discrimination, victimisation and human rights breaches.
A spokesperson for the trust said: “We expect all members of staff to follow professional standards such as the Nursing and Midwifery Council’s code of conduct – this includes treating all patients with kindness, respect and compassion and maintaining patient confidentiality.”
Responding to the delay, a spokesperson for Epsom and St Helier University Hospitals NHS Trust said: “NHS trusts are waiting for guidance from NHS England on what the Supreme Court ruling means for our patients.”
