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Two Muslim women are suing one of the UK’s biggest banks for discrimination after being disciplined for posting pro-Palestine messages in an internal work forum for Muslim staff.
Afra Sohail and Aunngbeen Khalid were subject to disciplinary action for their comments by their employer Lloyds Bank and are seeking damages from the bank for subjecting them to religious and philosophical belief discrimination.
The pair were subjected to investigations on the basis that they breached the bank’s rules on integrity and discrimination, and could be considered antisemitic or racist, an employment tribunal heard on Monday.
During the hearing, Nicola Webster, a HR manager at Lloyds who presided over investigations into the women admitted that she does not know the history of the Palestine and Israel conflict which dates back to at least 1947, admitting that Ms Khalid knows more about these issues in Palestine and Gaza than her.
Despite this, Ms Webster told defence barrister Franck Magennis: “I think she displayed a lack of judgement, not thinking before posting on the forum”.
“The comments weren’t inclusive and could have caused offence to other people,” Ms Webster continued, adding that they didn’t promote “a united front”.
Despite this being both women’s first disciplinary matter within the bank, they were issued with a final written warning for gross misconduct and a separate Financial Conduct Authority breach was found for failure “to act with due skill, care & diligence”.
This will remain on their records for at least six years, and potentially for good.
During an online conversation within the forum on 24 May 2021, Ms Khalid, aged 37, wrote, among other posts, the following: “I understand the ‘Jewish people kind of needed a place to go’ but NO ONE had the right to give them Palestinian’s land”
“In turn the evil Israeli government stole more and more land set up illegal settlements (further backed by the US) and started the oppression – (Specifically the word evil i this sentence).”
A subsequent investigation by Lloyd’s found that Ms Khalid, a Litigation and Fair Assessment Advisor in a Chester branch of the bank, breached the employee code of conduct and the language was “inflammatory”, causing “upset to other colleagues”. She worked for Lloyds over a 14-year period.
In her outcome letter, Ms Webster of Lloyd’s Bank said the language Ms Khalid used was inflammatory but during the tribunal said she does not have any recollection of making that conclusion.
“I’ll be honest, I can’t recall my thinking at that time in regards to inflammatory language,” the HR professional said
When asked about whether it is right for people to speak up against racism and apartheid Ms Webster said: “I do agree that people should be able to speak up.”
On 20 May 2021, Ms Sohail, a 24-year-old part-time customer advisor at a central London branch of the bank of five years, raised a complaint after receiving a Hewlett-Packard (“HP”) branded monitor from which to work from home.
The employee objected to using this device on the grounds that HP help to run the identification systems that restrict the movement of Palestinian people within the Occupied Palestinian Territories.
After fruitlessly searching the staff’s online portal for ways to return the monitor, Ms Sohail posted a message in a staff forum highlighting her concerns.
After her comments were deleted and flagged, Ms Sohail was then subject to disciplinary action in June 2021.
Lloyd’s argued that she breached the employee code of conduct and that her “comments went beyond exploring how to return the monitor”, “caused upset to colleagues” and “a form of microaggression towards Israelis, particularly those from an Israeli-Jewish background”, court documents show.
Both lost their annual bonuses as a result of the sanction, and Ms Sohailra lost a graduate role as a result of the sanctions.
Following complaints from colleagues about their comments, the pair were investigated and subsequently sanctioned for breaching the bank’s policies on abusive content.
However, the posts were not offensive and the disciplinary process was “spurious” and “irrational” given that it was on the basis that they were antisemitic, Franck Magennis of Garden Court Chamber, legal counsel for the women, argued.
Moreover, there was nothing in the bank’s policies disallowing staff members from speaking about Palestine, Israel and Gaza, it is argued.
Launching employment tribunal action against the bank, the women argue that Lloyd’s has “attempted to restrict their fundamental freedoms” of expression.
Having to defend themselves, in this case, has taken a massive toll on the pair’s mental and physical wellbeing, while they remain concerned about future employability prospects, according to court papers seen by The Independent.
They are being supported by the European Legal Support Center (ELSC).
A Lloyds Banking Group spokesperson said: “It would be inappropriate to comment on an ongoing legal case.
“We are committed to providing an inclusive place of work for everyone, and will always take appropriate action if colleagues fail to meet the expected standards set out clearly in our conduct policy.”
The tribunal will last until 17 July.
