Pro-Palestinian east London NHS workers' legal action against trust

The updated policy bans staff from wearing or displaying items which 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”. 

Mr Baker, a senior nurse at Whipps Cross Hospital in Leytonstone, claimed he was ordered to remove a background on his video calls that showed a fruit bowl containing a watermelon because it could be perceived as antisemitic. 

He 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.” 

Ahmad Baker said he was told to remove a video background showing a fruit bowl as it could be perceived as antisemitic (Image: Leigh Day) The items addressed in the policy include badges, lanyards, clothing, digital backgrounds, or any visible symbols perceived as politically or nationally affiliated. 

UK Lawyers for Israel (UKLFI) wrote to the trust, claiming that staff were creating "an intimidating, hostile and offensive environment" for Jewish and Israeli patients.

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.” 

Dr Aarash Saleh, a respiratory consultant at Whipps Cross, said they simply want their right to express their beliefs (Image: Leigh Day) Law firm Leigh Day, representing the three NHS workers, has sent a Letter Before Action to the trust arguing the policy infringes the employees’ rights under the Equality Act 2010 and fails to meet the standards of fairness and consultation expected of a large public body. 

An article about Barts' policy was published on UKLFI's website eight days before it was officially implemented. 

In it, Caroline Turner, director of UKLFI, said: “We are pleased that the new dress code has been introduced, and hope that it will be communicated clearly to all staff."

Dr Saleh, a respiratory consultant at Whipps Cross Hospital, said: “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, who previously worked at Royal London Hospital, felt there was a contradiction in how the trust addressed the invasion of Ukraine compared to how it addressed the Israeli-Palestinian conflict. 

Dr Sara Ali said Barts had treated this conflict differently to the one in Ukraine (Image: Leigh Day) She 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.” 

Dr Saleh added: “We are simply asking for the right to express our beliefs in a respectful and appropriate manner. 

“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.” 

The current conflict began when Hamas killed 1,200 people in Israel in an attack in October 2023.

According to Gaza's health ministry, more than 54,000 people in the territory have since been killed.