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Home Opinion Samiriah Shaikh’s Landmark Victory Race Discrimination Case Against
Moorfields Eye Hospital
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SAMIRIAH SHAIKH’S LANDMARK VICTORY RACE DISCRIMINATION CASE AGAINST MOORFIELDS
EYE HOSPITAL

By
Ayesha Malik
-
June 11, 2023
2
697

> “My immigrant parents sought a better life in the UK, hoping their children
> wouldn’t endure the same hardships they did. I take pride in my immigrant
> roots, my skin colour, ethnicity, heritage, and the courage to fight for
> justice for ethnic minorities. I sincerely believe that the ‘Truth always
> prevails’- Samiriah Shaikh said speaking to S2J news.   

Ms S Shaikh Vs Moorfields Eye Hospital NHS Foundation Trust

In 2020, four Black, Asian, and Minority Ethnic (BAME) employees at the
Moorfields eye clinic in London raised an internal complaint pertaining to
discrimination. Among several incidents, Chief Ophthalmic and Vision Science
Practitioner Peter Holm mimicked the Indian accent. In addition, he mimicked the
Filipino accent by imitating a Filipino nurse, repeatedly mispronouncing words
and belittling the nurse. When his behaviour was challenged, he said he was
unaware of the seriousness of the matter.

Furthermore, the BAME employees in question had concerns regarding their lack of
career progression and felt discriminated against as a consequence. Clinical
Director Kerry Tinkler and Peter Holm dismissed these concerns with great haste.

Following a departmental meeting, Samiriah Shaikh asked Peter Holm what his
course of action would be regarding the concerns she had raised. Holm sent Kerry
Tinkler an email saying, “It really hasn’t sat well with me, both her and
Mounia’s behaviour of being vocal about racism and discrimination still being
present in the department.”

Then came a series of incidents in which Ms. Shaikh felt harassed and
victimised. An internal grievance was consequently launched; Kirsten Malcolmson,
the overseer of the investigation, found Peter Holm and Kerry Tinkler guilty of
‘miscommunication’ and branded Samiriah Shaikh as an aggressor.

The verdict

The case was taken to the tribunal, and a verdict announced in May 2023. Shaikh
gallantly represented herself and emerged victorious on counts of direct
discrimination, harassment, victimisation, and constructive dismissal due to
race discrimination. 

Following the verdict, S2J News asked Samiriah Shaikh the following questions:

How are you feeling following your triumph against Moorfields Eye Hospital?

“I’ve always admired Moorfields Eye Hospital for its accomplishments in becoming
a renowned eye institution. I never imagined my dream job would turn into a
nightmare with such discrimination. Experiencing racism significantly impacts a
person’s emotional well-being. I have suffered mental trauma from the events
that unfolded over the past three years. Discussing and revisiting my case
brings up overwhelming feelings of shame, sorrow, and helplessness. I am still
in shock because the internal grievance procedure at Moorfields, overseen by
Kirsten Malcomson, justified Peter Holm and Kerry Tinkler’s discriminatory
behaviour as “miscommunication.” I cannot believe that I, as the victim, was
portrayed as an “aggressor” and a ‘loud ethnic female.’ Why did Moorfields
repeatedly fail me to the point where I was bullied out of the trust by Clinical
Director Kerry Tinkler? I had to go to the Employment Tribunal to obtain
justice, and though I am happy I succeeded, the cost was high. Why did it have
to escalate to this level? Simply because of the colour of my skin.”

Do you advocate for Muslims to confront workplace discrimination? If yes, what
guidance would you offer them regarding the appropriate course of action?

“We know that “Allah does not charge a soul except [with that within] its
capacity,” and while it’s a tough fight, patience is always rewarded. Any form
of injustice should be voiced, no matter how difficult. I urge you to gather the
courage to speak up for yourself, using my case as an example. As a layperson
with no background knowledge of the law, I represented myself and won against
all odds. Remember that the Lord is always with you, and “You who believed, be
persistently standing firm in justice, witnesses for God, even if it be against
yourselves or parents and relatives.” Nowadays, knowledge is at our fingertips
with the internet, where you can find answers to anything and everything. Stay
strong and prepared, despite people telling you “There is no point” or “You
can’t make a difference.” Look beyond these discouragements and focus on the
bigger picture. Always fight for your rights and for justice.”

——————————————————

We, at S2J News, are elated for our sister, Samiriah, who has attained a
long-awaited triumph. Moreover, Samiriah representing herself in her case adds
an extraordinary dimension to her accomplishment, showcasing her tenacity,
resilience, and unwavering commitment to attaining justice through the legal
system, Allahumma Barik!

This victory not only celebrates Samiriah’s personal achievement but also stands
as a beacon of hope and inspiration for all individuals who have experienced
discrimination in the workplace.



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2 COMMENTS

 1. Adamu Zubair Ahmad June 11, 2023 At 9:45 pm
    
    Mashaa Allah, may the Almighty Allah subhanahu wata’ala continue to bless
    you and the entire Muslim world Aamiin.
    
    Reply
    * Affan Abdullah June 12, 2023 At 12:46 am
      
      Aamiin.
      
      Reply
      
    




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