Rahman Lowe Secures Victory for Dr Wahid Shaida Whose Suspension is Lifted by NHS England
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In a significant triumph, Rahman Lowe Solicitors, the legal representatives of Dr Wahid Shaida, announced the important decision on Monday, 22 July 2024 in one of the most closely monitored doctor suspension cases in recent years.
Prior to his suspension in January 2024, Dr Shaida worked for 33 years with patients exclusively in the National Health Service, serving people from diverse and multi-ethnic backgrounds and with significant differences including those relating to race, gender, age, and cultural identity, with no concerns about his professionalism. Dr Shaida is extremely experienced and highly regarded within his Practice for the contribution which he has made to it. He has enjoyed an unblemished work record throughout his professional career.
He is a practising Muslim who is politically active outside of work. Until the organisation’s proscription on 19 January 2024, he was chair of the UK-executive committee of the UK-executive committee of Hizb ut-Tahrir (“HT”). Prior to proscription, HT was a lawful organisation in the UK, undertaking lawful activities.
Dr Shaida has never hidden his political affiliation, but ensured as much as he could that it was entirely separate from his professional role as a doctor and a GP. At no stage did he operate in a covert way. He used his full legal name in professional practice but is known by a cultural variant of his name outside of work.
Dr Shaida has sincerely held strong beliefs regarding the occupation of Palestine and the displacement of its population as a historic wrong and he strongly believes that it has led to an unjust system akin to apartheid, a view that is supported by organisations such as Amnesty, Human Rights Watch and also now by the UN’s International Court of Justice (ICJ).
In October 2023, Dr Shaida made various social media postings regarding the occupation and conflict in the region and appeared on Piers Morgan’s Talk TV show in December 2023 invited on to discuss Gaza, during which, he expressed his strongly held political, religious and philosophical beliefs in a lawful manner. Shortly after this and the proscription, he was suspended by NHS England on 19 January 2024.
At a hearing in July 2024, among other matters, we argued on behalf of Dr Shaida that there are no fitness to practise issues; that he should not be removed from the NHS England’s Performers List on suitability and/or efficiency grounds; that he should not be subjected to any detriments because of his religious/philosophical beliefs; and that the social media posts and views expressed during his interview on Talk TV were in accordance with his fundamental right to freedom of expression under Article 10 of the European Convention on Human Rights (“ECHR”).
Dr Shaida rejected the interpretation of some in the media regarding statements he had made that conveyed an incorrect interpretation of his views and reflected on many of the matters related to the tone and style of communication on social media, and their wider impact on his professional role.
After a forensic process considering all the evidence presented by both parties, in a comprehensive decision delivered on 18 July 2024, NHS England’s Panel determined that there was insufficient evidence to warrant removal on either suitability or efficiency grounds. It also concluded that continuing the suspension would not be appropriate. Moreover, contrary to suggestions in the press, the Panel accepted that Dr Shaida does not condone violence and his posts were made in the heat of the news feeds he was receiving. The Panel nevertheless recognised the polarisation of views in our society on the issue before them, and they concluded that conditions would be appropriate to mitigate these concerns.
The case has drawn attention to the challenges faced by doctors, lawyers and other regulated individuals advocating for justice, fairness, and equality in Palestine.
Jahad Rahman, Partner at Rahman Lowe Solicitors represented Dr Shaida during the proceedings, together with Mark Sutton KC of Old Square Chambers, who represented Dr Shaida at the hearing:
Jahad Rahman said: “I am very pleased for my client. Dr Shaida is a well-respected doctor who is committed to his profession and the patients he serves. Unfortunately, his entire working life was called into question for simply manifesting his political, religious and philosophical beliefs, and because he criticised discriminatory policies of the Israeli state. This is an important case and the outcome sends a clear message to those who seek to weaponise regulatory processes such as this, that their bullying tactics will not go unchallenged, and that the truth will always prevail. We sincerely hope others will take from this outcome not to be intimidated by those who seek to silence them from legitimate expression about important issues.”.
MEDIA INQUIRIES: Jahad Rahman on 07956 450814 or jrahman@rllaw.co.uk
NOTES TO EDITOR:
Rahman Lowe Solicitors advise both employers and employees on all aspects of employment law issues, including complex discrimination, whistleblowing, unfair dismissal, breach of contract, bonus disputes, regulatory and restrictive covenant claims. More information here: https://www.rllaw.co.uk