NHS staff barred from workplace for considering Palestine demonstration

An investigation found the pair had no case to answer and that the trust had breached its own disciplinary policy. Two NHS professionals were investigated and barred from their workplace for expressing interest in organising a peaceful protest in support of Palestine during their lunch break. The therapist and nurse were accused of posing a threat to the “personal safety” of the staff at Kensington and Chelsea child and adolescent mental health service, and of “bringing the trust into disrepute” for considering the demonstration.

The pair, who the Guardian is calling Layla and Maya, were told they were to be investigated and could not enter the building they worked at before being redeployed to new NHS workplaces in London. A three-month investigation into the pair’s conduct found they had no case to answer and that the trust had breached its own disciplinary policy in its treatment of them. The investigator noted that, though there was no intent from the pair to bully other staff members, two staff members did feel unsafe to come into work “as an indirect result” of their intent to organise the protest.

The two professionals filed an internal grievance against the Central and North West London NHS foundation, which upheld their claim of policy breaches in their treatment. A spokesperson for the trust said: “We support management colleagues to run safe services and prevent issues such as walkouts or actions on our sites that could disrupt clinical care.”. Layla and Maya are now taking the trust to an employment tribunal, alleging discrimination over their anti-Zionist beliefs. The Guardian understands that the trust is yet to receive notification from an employment tribunal.

The case will serve as a test of the extent to which NHS staff can express their views or take actions regarding foreign policy matters. The issue has affected NHS trusts across England, prompting reviews after complaints about staff wearing badges and other clothing items in support of Palestinians. In this case, the pair created a WhatsApp group named ‘Free Palestine’ to discuss whether there was interest in a proposed walkout or a vigil that would not be disruptive to patient care.

Layla said that they would have sought permission from management before embarking on any action. “We were never going to do something in the clinic, or do something that would put our patients at risk,” Layla said. “We saw that NHS staff in Homerton and St George were doing things [including a vigil] during their lunchtime. We were just talking about what might be possible, and how we can start these conversations at work.”.

Layla and Maya said they spoke to colleagues about taking similar action. One became upset and filed a complaint. The complaint, seen by the Guardian, confirms that Layla approached the colleague to let them know discussions had begun about a possible walkout in solidarity with Palestine. “I questioned why this would need to be done in the workplace and I asked her to clarify what the walkout was about, and she said that it is anti-Israel government, in support of Palestine, and that it is not anti-Jewish,” the complainant wrote.

The complainant said they heard other people discuss wanting to take part in the protest and added that such a walkout would be “distressing for Jewish and Israeli children and parents who visit the clinic”. The protest did not take place, but the following day, management sent an email to staff warning that participating in a demonstration during work hours could breach trust policy. Several days later, Maya was taken to a separate room at the start of her workday and informed she was under investigation. She was instructed to collect her belongings and leave immediately. On her next day in, the same happened to Layla. Both were barred from the building and told they would be temporarily reassigned to another NHS service.

Sign up to First Edition. Our morning email breaks down the key stories of the day, telling you what’s happening and why it matters. after newsletter promotion. Maya was signed off sick for three weeks as a result, while Layla became unwell and began to rapidly lose weight. Both Layla and Maya said they worked hard to keep working with their clients. “This is a specialist child and adolescent mental health service where we work with the most unwell children who are not in hospital. These are kids who are suicidal and the idea that you could just take away the consistent person who sees them all the time, who they trust, is so disruptive,” Layla said.

While redeployed, they found out management had interviewed their colleagues to ask if the pair were safe to work with Jewish patients. They were also asked this question during the investigation. Layla resigned from her role during the investigation, while Maya returned to work at the service after being cleared. Layla was told she was not allowed to enter the building to say goodbye to her colleagues or collect her belongings. “My supervisor offered to meet me on the street outside my building to hand me my stuff. They made me feel like a petty criminal.”.