British foreign correspondent Saima Mohsin, who was injured on assignment for CNN, has won the right to face her former employer at a tribunal.
Mohsin, now a freelance presenter for Sky News, was injured in Jerusalem in 2014. She had her contract with the broadcaster terminated three years later after she requested alternative duties and support while she was rehabilitating.
Atlanta-based CNN had argued at a preliminary hearing that a UK employment tribunal did not have jurisdiction to hear the case and that the Equality Act 2010 and Employment Rights Act 1996 “did not apply on the grounds of territorial jurisdiction”.
However, the preliminary hearing agreed Mohsin could bring her case, which alleges unfair dismissal, disability discrimination, victimisation, failure to make reasonable adjustments and unequal pay.
Mohsin says she was injured by a CNN camera operator, leaving her for a time unable to control her foot. Despite extensive physiotherapy, she continues to live with chronic pain and says she is frequently bed-ridden with pain.
In a statement following her win at the preliminary hearing, Mohsin thanked her barristers and supporters, saying: “I was injured in the field, not given adequate support or alternative duties and let go.
“This is not how journalists risking their lives should be treated by media organisations. CNN didn’t need to exacerbate my pain and suffering by dragging this through court. I have constantly offered reinstatement or mediation and negotiations. I didn’t ask for this battle while learning to deal with an invisible disability and rebuild my life. But it was important I take a stand…
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“For those of you who’ve reached out to tell me you too experienced disability or race discrimination in the media and beyond. Thank you for sharing. I stand with you. We have work to do.”
Mohsin’s barristers, Paras Gorasia and Jennifer Robinson from Doughty Street Chambers, were previously counsel for Azeem Rafiq in his high-profile claim against Yorkshire County Cricket Club.
CNN declined to comment to Deadline, which first reported the story.
Mohsin’s statement in full:
I won! I have won my right to have my case against CNN heard here in the UK.
CNN had challenged the Tribunal’s jurisdiction and tried to deny that I had a right to bring my claims here. But this decision means I can now finally have my case heard in England.
The Tribunal has ruled in my favour and found it has jurisdiction to hear my case on: unfair dismissal, disability discrimination, victimisation, failure to make reasonable adjustments and equal pay.
I chose not to use a solicitor and to pursue this case representing myself. It’s been hard work, stressful but so very important. Thankfully I found a brilliant team of barristers to act for me on a direct-access basis.
I thank my Barrister Paras Gorasia for his exceptional knowledge, hard work and his belief in my case. I thank Barrister Jen Robinson for her wise counsel, belief and support. I also thank Pupil Barrister Finnian Clarke for his hard work on the case behind the scenes. You’ve been the best team I could have hoped for.
Thank you to my family, friends, CFWIJ, Scope and to the thousands of kind people I don’t even know who have shown their support & solidarity.
I was injured in the field, not given adequate support or alternative duties and let go.
This is not how journalists risking their lives should be treated by media organisations.
CNN didn’t need to exacerbate my pain & suffering by dragging this through court.
I have constantly offered reinstatement or mediation & negotiations. I didn’t ask for this battle while learning to deal with an invisible disability and rebuild my life.
But it was important I take a stand.
I’m calling for change.
I am doing this for me and for you
To raise awareness beyond my case
For the protection of all journalists, on and off screen.
For people injured on the job who still want to work
For people with a disability who should be supported at work
For brown & black women
For our right to equal pay
For the opportunities we deserve
For all of us
For those of you who’ve reached out to tell me you too experienced disability or race discrimination in the media and beyond. Thank you for sharing.
I stand with you. We have work to do.
It’s been a long & tough road to get here.
I know it’s not over yet.
I’ll need your continued support
#Forallofus
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