A Muslim healthcare worker's claims of racial and religious discrimination against the NHS have been dismissed by an employment tribunal.

Naziya Ayub, a healthcare assistant for the Northern Care Alliance (NCA) NHS Foundation Trust, sued the organization after being told her Islamic dress, a jilbab that covers her from neck to ankle, posed a health and safety risk. The tribunal found that her attire presented a "significant health and safety risk."

The tribunal heard that Ayub worked with children requiring long-term ventilation from March 2021. Her faith requires her to dress modestly, which includes wearing a headscarf and a jilbab. In May 2023, her line manager, Wendy Bacon, noted that Ayub was wearing her long black dress instead of the required uniform trousers.

Ayub reportedly asked if Bacon had a problem with Muslim dress, to which Bacon responded that she had no issue but had a duty to point out uniform non-compliance. The following month, Bacon emailed the team reiterating the Trust's workwear policy. Ayub subsequently raised concerns of discrimination due to her modest clothing choices.

In July 2023, Ayub met with Lisa Fern, assistant director of nursing services, stating she "didn't want her body shape/outline to be visible" and felt bullied. Fern consulted a health and safety adviser who warned that Ayub's workwear could present "slip/trip/fall" hazards, particularly when moving patients or equipment or using stairs.

During a September 2023 meeting with Fern, Ayub alleged discrimination and rejected mediation. She submitted a grievance stating, "There is no alternative to an Islamic dress." Ayub also stated that her manager "has no respect for religion."

Later that year, Ayub emailed Fern, refusing to wear the summer dress and scrub pants uniform, asserting, "I will not change my identity to please others who show signs of racism and religious discrimination." She insisted her clothing posed a "low" health and safety risk and stated, "I will not be negotiating on what I wear to work."

Fern then issued a formal letter to Ayub regarding compliance with the workwear policy, warning that failure to comply by the end of November could constitute misconduct. Ayub went on sick leave on November 15, citing stress and anxiety.

An investigation into her complaints recommended mediation, noting that two staff members were reportedly overheard discussing the uniform policy at a patient's home, with one suggesting Ayub was using the "race card." Ayub was informed there was no case against her colleagues, and her appeal was dismissed.

Ayub expressed interest in redeployment and, after declining mediation again, was placed on the redeployment register in July. She joined a teaching agency and resigned that same month.

Employment Judge Rebecca Eeley stated that Ayub's concern was that she was "not being given her own way" and was "angry that she was not being allowed to wear the Islamic dress and that her practice had been challenged by management." The judge was not persuaded that comments made by colleagues created a hostile environment and found Ayub's outrage appeared "somewhat artificial."

Ayub has stated the tribunal ruling was "unfair" and she has lodged an appeal. She maintains there was no evidence her dress was a health and safety risk. Ayub said she had worked for two and a half years without issue regarding her Islamic dress, and that the Trust's proposed alternative, similar to leggings, was unacceptable. She stated, "I am not using my religion as an excuse - I just wanted justice. This is not about religion, it is about equality and diversity for everyone, whatever their religion."

Ayub has since found new employment.