Ahmad Baker, a senior nurse at Whipps Cross Hospital, Dr Aarash Saleh, a respiratory consultant at Whipps Cross Hospital and Dr Sara Ali, a haematology registrar who previously worked at Royal London Hospital, say the trust's new policy - introduced in March 2025 - amounts to indirect discrimination. 

The updated uniform and dress code 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. This also applies to displaying such items on workstations, desks, staff rooms, on equipment such as laptops and iPads.

The trust states the aim is to maintain a neutral and inclusive environment, with the policy applying to all trust staff whether on site or working remotely, and whether they are patient-facing or not. 

In their legal claim the three employees argue that the policy is applied in a way that disproportionately affects staff who wish to express pro-Palestinian views, particularly considering ongoing events in Gaza.

In a Letter Before Action sent on behalf of the healthcare staff by law firm Leigh Day, they argue that 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.

They also argue that the policy is disproportionate as it applies to all staff at all times, regardless of their role or location; provides for certain undefined exceptions; and was implemented following what appears to be an incomplete internal consultation process alongside inappropriate consultation with an external lobby group.

In the letter, the three claimants state that lobbying group UK Lawyers for Israel (UKLFI) had sent a formal complaint to the trust in early March 2025, asserting that pro-Palestinian symbols worn by staff could be deemed offensive or even unlawful. Eight days before the trust had officially implemented the new policy, UKLFI published an article on its own website stating that the trust would be introducing a uniform policy banning political symbols. The employees argue that this 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 they have suffered and continue to suffer as a result of the policy.

Ahmad Baker, who is Palestinian, has also raised separate claims of direct discrimination and harassment. He alleges that the chief executive of Whipps Cross Hospital ordered him to remove a Microsoft Teams background image containing a still life of a fruit bowl that contained a watermelon – a symbol associated with Palestinian solidarity – on the basis that it could be perceived as antisemitic and threatened him with disciplinary action.

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.

‘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.'

Dr Aarash Saleh said: ‘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.

'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 Sara 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 healthcare workers are represented by Liana Wood, an employment lawyer at Leigh Day. She 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.'

In response, a spokesman 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.'