The world’s largest nursing union is facing a backlash from staff told to “broaden their mindset” on trans rights.

Despite a landmark Supreme Court ruling reaffirming the legal recognition of biological sex the Royal College of Nursing (RCN) has stalled implementing the judgment.

In correspondence seen by the Express it cites the need to wait until the Equality and Human Rights Commission (EHRC) publishes statutory guidance – a process hampered by resistance within public institutions.

The delay comes as the RCN refused to publicly support Jennifer Melle, a Christian nurse suspended after refusing to use biologically inaccurate pronouns for a convicted male paedophile patient.

The RCN has been urged to use its influence to prevent the profession becoming one where suitability depends on adherence to “acceptable” ideological beliefs and warned Ms Melle’s case is not an isolated incident.

Ms Melle, suspended on April 2 days before the landmark Supreme Court verdict, met with RCN General Secretary and Chief Executive Nicola Ranger last month.

Afterwards the single mum was told in writing the union acknowledged the “heavy toll” the scandal had taken but confirmed it will not act substantively until the EHRC does.

Ms Melle, 40, a Ugandan-born committed Christian with an unblemished nursing record, was suspended on full pay by St Helier University Hospitals NHS Trust in April – the month Supreme Court issued its judgement – for an alleged “data breach” after speaking about being disciplined for indirectly referring to a male transgender paedophile as “Mr.”

She was censured and referred to the Nursing and Midwifery Council as a “potential risk” for not using the preferred gender identity of the patient.

Speaking to the Express she said: “I was racially abused in my workplace, and instead of protecting me, the Trust punished me. My Christian faith teaches me that sex is immutable. I should not be forced to deny that truth to keep my job.

“The Supreme Court has spoken clearly: biological sex matters in law. Yet the RCN, an organisation that claims to champion equality, chooses delay over action. Nurses like me are left vulnerable while ideology trumps reality.

“This is not inclusion; it is discrimination.”

Earlier this month seven nurses working at Darlington Memorial Hospital challenged a separate NHS trust which allowed a biological male identifying as a woman called Rose Henderson to use female-only staff changing rooms.

They mounted a challenge after County Durham and Darlington NHS Foundation Trust failed to act after the Supreme Court ruling on April 16. The employment tribunal judgement will be handed down at a later date.

The group action was led by nurse Bethany Hutchison, 36, who said: “Jennifer’s case is not an isolated incident. Across the NHS, women are being told to ‘broaden their mindset’ and accept policies that erase biological reality.

“The Supreme Court has spoken, yet institutions drag their feet. Why is it that the NHS has repeatedly implemented unlawful Stonewall policies, but cannot follow a legal ruling from the highest court in the land? We will not stop fighting for dignity and truth in healthcare.”

Ms Hutchison, President of the Darlington Nursing Union, wrote to Prof Ranger on July 18 asking the RCN boss to use her influence to ensure “nursing does not become a profession where suitability to work is determined by one’s acquiescence to particular acceptable’ beliefs”.

Prof Ranger has described equity and inclusion as a “moral imperative”, stating: “Our health and care systems can only thrive when they reflect, respect and actively engage the diversity of the people they serve – and the people who work within them.”

In her reply Ms Hutchison was told: “We await the EHRC statutory code of practice for services, public functions, and associations and the code may provide guidance on how this relates to the provision of health and care services.”

Prof Ranger confirmed the RCN had received inquiries from members following the Supreme Court decision, suggesting Ms Melle’s case is just one example of a wider national picture where institutions are dragging their feet.

Previously, when the Express asked whether it unequivocally supported Ms Melle, the RCN said it “will not be responding”.

Immediately after the Supreme Court ruled a woman was defined by biological sex under equalities law the EHRC – regulator of the Equality Act – said it was “working at pace” on a revised code of practice.

That was given to Bridget Phillipson, the Minister for Women and Equalities, on September 4. Yet almost three months later no decision has been taken on whether the Government will accept it and, if it does, no idea when it could come before Parliament.

With the legal limbo continuing it means individual NHS trusts are free to decide which staff can use changing rooms, sparking confusion and fear among some staff.

The EHRC said: “We have consistently said since the Supreme Court clarified the law that those with duties under the Equality Act 2010 should be following the law, updating their policies if needed, and seeking independent legal advice where necessary.”

Andrea Williams, Chief Executive of the Christian Legal Centre which is supporting Ms Melle, said: “Jennifer’s case is not just about one nurse, it’s about truth. It’s about common sense. It’s about the freedom to express truth in the workplace.

“The Supreme Court has made it clear that biological sex is legally recognised, yet institutions like the RCN and NHS are ignoring binding law while clinging to ideological policies.

“The RCN’s failure to stand with Jennifer sets a dangerous precedent: if professional bodies can disregard Supreme Court rulings and fail to protect the very people they were set up to look after then the rule of law itself is at risk. Jennifer’s fight will determine whether legal rights mean anything in practice.”

Ms Melle is taking legal action on the grounds of harassment, discrimination, victimisation under the Equality Act, and breaches of her rights under Article 9 of the European Convention on Human Rights.

A preliminary hearing is scheduled for the New Year with a full tribunal scheduled to start in April.

The Cabinet Office said: “We are currently reviewing the EHRC’s draft Code of Practice and so a decision to accept or not has not been taken.”