ET's jurisdiction in case re GMC's disciplinary proceedings - Michalak v General Medical Council [SupCrt EW] 01.11.17 (Unreported)


Wed, 01 Nov 2017

Disciplinary proceedings - Discrimination - Tribunal procedure - Employment tribunal claim brought by doctor in respect of her treatment during the investigation into her fitness to practise, alleging discrimination on a number of grounds - Whether the availability of judicial review proceedings in respect of decisions of the General Medical Council excludes the jurisdiction of the Employment Tribunal by virtue of Equality Act 2010 s.120(7). HELD GMC's appeal refused. In this situation, the Employment Tribunal offers the natural means of recourse. If Parliament had intended that judicial review was within the scope of the procedures contemplated by section 120(7) of the Equality Act 2010, one would expect that it would have provided for it expressly.




Category: Employment »  Disciplinary procedures; Tribunal procedure. Keyword(s): Medical profession. Area(s) of law: Employment; Public Sector.
Source: [2017] UKSC 71

 

This material is for information purposes only and does not constitute any form of advice or recommendation by us. You should not rely upon it in making any decisions or taking or refraining from taking any action. Please contact Brodies at mailbox@brodies.com if you would like us to advise you on any of the matters covered in this material.


Valid XHTML 1.0 Transitional  Valid CSS!

Free SSL Certificate