Three NHS workers have launched legal action against Barts Health NHS Trust, arguing that its new dress code, which led to one being told to remove a watermelon background image, constitutes discrimination because of their pro-Palestinian beliefs.
Senior nurse Ahmad Baker and Dr Aarash Saleh, a respiratory consultant, from Whipps Cross Hospital in east London, together with Dr Sara Ali, a haematology registrar who previously worked at Royal London Hospital, said the trust’s new policy amounts to indirect discrimination.
Baker, who is British-Palestinian, has also raised claims of direct discrimination and harassment, alleging that Dr Amanjit Jhund, chief executive at Whipps Cross, threatened him with disciplinary action if he did not remove a video background of a fruit bowl that included a watermelon – a symbol associated with Palestinian solidarity – because it could be perceived as antisemitic.
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In their legal claim, the three employees argue that the updated uniform and dress code policy, introduced in March, is being applied in a way that disproportionately affects staff who wish to express pro-Palestinian views, particularly in light of the conflict in Gaza.
A pre-action letter, sent on behalf of the three by law firm Leigh Day, argues that the policy infringes their rights under the Equality Act 2010 and fails to meet the standards of fairness and consultation expected of a large public body.
Baker said: “As a Palestinian, I should be able to express my identity and solidarity with my people, especially during a humanitarian crisis. Being told that a still life painting containing a watermelon could be perceived as antisemitic and being threatened with disciplinary action is deeply upsetting.
“I’ve worked for the NHS for over a decade – this is not the inclusivity I thought we stood for. I believe the NHS must be a place where human rights matter, where double standards are called out, and where no one is asked to leave their identity at the door.”
The policy prohibits staff from wearing or displaying items that might align with a “particular nation, political party, one side in a conflict, or causes that are not directly linked to and supported by the trust or the NHS”. This includes badges, lanyards, clothing, digital backgrounds, or any visible symbols perceived as politically or nationally affiliated, and applies to the display of such items on workstations, desks, staff rooms, or devices.
It applies to all Barts Health NHS Trust staff regardless of whether they are on site or working remotely, and whether they are patient-facing or not.
Political symbols
A spokesperson for Barts Health NHS Trust said: “We recognise the distress that global conflict has for our diverse workforce and continue to support their wellbeing as they serve our patients.
“However, as an NHS organisation our primary responsibility is care for patients. Our updated uniform policy states that staff are not expected to wear or display political symbols, including badges and slogans or flags on clothing in order to uphold political neutrality, creating an inclusive culture at work, and a safe space for patients in their time of need.”
Liana Wood, partner at Leigh Day, said: “Our clients strongly take the view that they should be able to demonstrate their solidarity with Palestinians in their professional roles as they do in their personal lives. They are all medical professionals with a commitment to the NHS who believe that this commitment is entirely compatible with expressing their deeply held support for Palestine while at work, particularly in non-patient settings.
“Trusts must take care not to impose disproportionate restrictions on expression, especially where those restrictions appear to be targeted at a specific group or belief. Our clients believe that the way this policy was introduced, and the trust’s failure to properly consult or respond to concerns, raises serious questions.”
The three workers also argue that the policy is disproportionate as it applies to all staff at all times, regardless of their role or location; that it provides for certain undefined exceptions; and that it was implemented following what appears to be an incomplete internal consultation process alongside inappropriate consultation with an external lobby group.
In the letter to Barts Health NHS Trust, the three claimants state that the lobbying group, UK Lawyers for Israel (UKLFI), sent a formal complaint to the trust earlier this year, asserting that pro-Palestinian symbols worn by staff could be deemed offensive or even unlawful.
Being told that a still life painting containing a watermelon could be perceived as antisemitic and being threatened with disciplinary action is deeply upsetting” – Ahmad Baker, senior nurset
Watermelon badge
An incident reported by UKLFI to Barts involved a Jewish woman who went to Whipps Cross for a caesarean, who said she saw three staff members wearing political slogans: two with “Free Palestine” badges on their lanyards and one with a watermelon badge.
She told UKLFI: “The display of these symbols made me feel extremely vulnerable, particularly given the level of antisemitic activity we’re all witnessing… While waiting for surgery in the operating theatre, I felt panicked as each person walked in that they too would be wearing a badge and that my care may be jeopardised or, that someone who dislikes Jewish people or Israel would be responsible for the delivery of my child which, even if not a risk to my health, feels wholly unpleasant.”
“I understand the strength of feeling from those deeply concerned about the conflict. However, I do not see that it is reasonable to have political views on display in the workplace, particularly when dealing with patients at their most vulnerable and when the conflict and the symbolism surrounding it are so deeply complex.”
UKLFI wrote to Whipps Cross Hospital, setting out the individual concerns of this patient, saying it was breaching the Equality Act by harassing its Jewish and Israeli patients, through the conduct of its staff, creating an “intimidating, hostile and offensive environment for them”.
In March, in an article on its website, UKLFI said it had received assurance from Jhund “following a consultation process with our clinical leadership and union representatives in line with our policy review and sign off processes, and the revised policy will be going live this week.”
Jhund added: “The purpose of adopting a position of political neutrality is to foster an environment of inclusivity.”
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Caroline Turner, director of UKLFI, said at the time: “We are pleased that the new dress code has been introduced, and hope that it will be communicated clearly to all staff. Those who breach the code should be subject to appropriate disciplinary actions.”
The article also outlined various other incidents reported to UKLFI at Barts locations, including an employee at Newham Hospital wearing a T-shirt with maps of Israel in Palestinian colours, and a staff member at St Bartholomew’s Hospital wearing a Palestinian pin.
The employees argue that UKLFI’s involvement demonstrates “inappropriate consultation with an external body while sidelining internal staff voices”. They are seeking the removal of key provisions of the policy, a declaration from the employment tribunal that discrimination has taken place, and compensation for injury to feelings.
‘Chilling effect’
Dr Saleh, who is Jewish, said: “This policy has had a chilling effect across the trust, and the refusal to engage with our concerns has made many staff feel silenced and excluded. It’s especially troubling that UKLFI publicly announced the policy before the trust itself had communicated it to staff – this raises serious concerns about transparency and whose voices were prioritised in the process.”
Dr Ali said: “To suggest that expressing support for the Palestinians who are facing one of the most catastrophic humanitarian crises in recent history is somehow threatening, after the trust had rightly expressed support for Ukraine, is not only manifestly discriminatory but is antithetical to the values of universal empathy and compassion that underpin our practice as healthcare workers.
“We believe the trust failed to adequately consider the impact the policy may have on its many staff for whom Palestine is an integral part of their identity, leaving us feeling erased and unseen.”
The watermelon started to be used as a pro-Palestine symbol during an Israel-imposed ban, following 1967’s Six-Day War, on displaying the Palestinian flag, with which it shares its colours.
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