NHS trust breached Equality Act over uniform policy aimed at curbing political symbols, staff claim

The trio also argue that Barts Health NHS Trust did not run an appropriate consultation before implementing the changes.

Their claim centres around a policy adopted in March this year, which 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 also applies to displaying such items on workstations, desks, staff rooms, and 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.

However, the staff behind the claim 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.

A letter before action sent by Leigh Day Solicitors on behalf of the claimants contends 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.

The claimants argue that in developing the policy, the trust chose not to carry out a full Equality Impact Assessment for possible discrimination, instead taking a unilateral decision that “no negative impacts were detected”.

In addition, the claimants contend that the trust was unduly influenced by UK Lawyers for Israel (UKLFI), which 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.

UKLFI said there had been "incidents in the hospitals of the Barts Health NHS Trust, where Jewish patients were distressed by staff wearing pro-Palestinian badges and clothing".

The group wrote to Whipps Cross Hospital after hearing from a Jewish woman who said she had felt "extremely vulnerable" while being treated by staff at the hospital who were wearing Free Palestine” badges on their lanyards and one with a watermelon badge.

UKFLI told the hospital this amounted to a breach of the Equality Act 2010 as it created an intimidating, hostile and offensive environment for patients.

In a press release on 10 March, UKLFI published a response to their complaint from Dr Amanjit Jhund, chief executive officer of Whipps Cross University Hospital, who assured the campaign group that it was set to update its policy.

Jhund said the updated policy was to be adopted "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".

However, the employees behind the claim argue that this amounted to an “inappropriate consultation” with an external body.

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.

One of the claimants has also raised separate claims of direct discrimination and harassment, alleging 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.

The three healthcare workers are represented by Liana Wood, employment lawyer at Leigh Day.

Wood said: “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 claimants have crowdfunded more than £20,000 at the time of writing.

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.”

Adam Carey