Midwife's discrimination claim against NHS

A former midwife's discrimination claim against Chelsea and Westminster Hospital NHS Foundation Trust (CWFT) regarding her referral to the Government’s Prevent Programme has been permitted to advance to a full hearing as ruled by the Employment Tribunal. This decision follows a complaint from UK Lawyers for Israel (UKLFI) about Fatimah Mohamied’s pro-Palestinian social media activity. The ruling holds potential significance for both current and former employees looking to contest referrals made by their employers to safeguarding or counter-terrorism programmes, especially if they perceive those referrals to be discriminatory.

Fatimah, who is a practising Muslim of Egyptian and Bengali descent, worked with CWFT from June 2019 until her resignation in March 2024. She was also the Cultural Safety Lead Midwife from July 2023. Her referral to the Nursing and Midwifery Council (NMC) on 20 March 2025 was prompted by concerns about her online posts that advocated for Palestinian rights. Just five days later, CWFT referred her to the Prevent Programme using a form specifically for concerns that someone might be vulnerable to radicalisation.

Fatimah’s claims allege that both referrals were discriminatory and amounted to harassment concerning her protected beliefs and race, including her pro-Palestinian and anti-Zionist views. She contends that the letter from UKLFI included discriminatory content that perpetuated Islamophobic stereotypes against Muslims and people of colour, and that CWFT acted on this letter without proper scrutiny. CWFT has maintained that both referrals were safeguarded by judicial proceedings immunity, a legal doctrine that prevents legal action linked to some official statements or actions.

During a preliminary hearing at the London Central Employment Tribunal on 3 September 2026, Judge Timothy Clive Adkin deliberated on whether the referrals fell under this immunity. The tribunal's reserved judgment, delivered on 12 October 2026, determined that the Prevent referral did not enjoy judicial proceedings immunity, allowing Fatimah’s claim concerning it to proceed to a full hearing. Nevertheless, the tribunal found that the NMC referral was protected by immunity, asserting that it is crucial for employers and NHS trusts to report concerns without fearing legal repercussions. Consequently, Fatimah’s claims related to the NMC referral will not be heard by the tribunal.

This decision permits Fatimah to pursue her claims regarding the Prevent referral, where the tribunal will assess whether it constituted discrimination or harassment. The case is anticipated to culminate in a full tribunal hearing in 2028. Fatimah is represented by Liana Wood, an employment solicitor with Leigh Day, who expressed optimism about the tribunal’s recognition that workplace referrals cannot necessarily shield employers from claims of discrimination.

Fatimah expressed her satisfaction with the tribunal's ruling, stating, “I am pleased Chelsea and Westminster NHS Foundation Trust will continue to be held accountable for referring me to Prevent. NHS Trusts must learn that advocating against genocide, occupation, ethnic cleansing and apartheid is central to a healthcare worker's role.” She further condemned the way Prevent referrals are used against Muslims and people of colour, framing her ongoing battle as essential to maintaining the rights of healthcare professionals to voice opposition to perceived injustices in places like Palestine. Liana echoed this sentiment, noting, “We welcome the Tribunal’s confirmation that an employer cannot automatically rely on privilege or judicial proceedings immunity as a litigation shield where a decision to refer an employee or in this case ex-employee to Prevent is alleged to be discriminatory.”