Tribunal dismiss claims which arose following a dispute over the wearing of the Palestinian flag badge at Heathrow Airport

Image of Caroline Musgrave-Cohen

The claimant, a Muslim security officer who strongly identified and associated with Palestinians, was challenged by a colleague about wearing a Palestinian flag badge at work in November 2023. The claims before the Tribunal related to events following this incident including the handling of grievances, moderation of meetings and internal communications and the enforcement of Heathrow’s badge and uniform policies.

In a Reserved Judgment following an 11 day Tribunal, the Employment Tribunal dismissed claims of direct race discrimination, direct religious discrimination, harassment and victimisation.

The Tribunal acknowledged the claimant's genuine, sincere and deeply held concern for the people of Palestine and found that Heathrow took the claimant’s views seriously and treated them with respect. The Tribunal recognised the conflict was divisive and that Heathrow’s employees and passengers had (and still have) very strong and different opinions and sympathies. It found that it enforced its policies, including its uniform policy, to help avoid unintended offence.

The decision contains consideration of policies requiring workplace neutrality, internal communications and the management of potentially sensitive issues in a large and diverse workforce.

Caroline was instructed by Eversheds Sutherland on behalf of LHR Airports Ltd. She was recognised by the Tribunal for the professional, courteous, and forensic manner in which she approached the presentation of the Respondent’s case.

To read the full decision, please click here.