Samiriah Shaikh’s Landmark Victory Race Discrimination Case Against Moorfields Eye Hospital

“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.”

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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.