Depner v General Medical Council: EAT 14 Feb 2013


EAT Race Discrimination : Discrimination By Other Bodies – The Employment Judge did not err in holding that the Employment Tribunal did not have jurisdiction to hear a doctor’s claims of discrimination and victimisation made under the Race Relations Act 1976. The claims were of her suspension from registration and imposition of immediate suspension by the Fitness to Practice Panel of the General Medical Council. The GMC is a qualifying body and those claims fell within RRA section 12(1)(c). However the acts complained of could be and were the subject of appeals under Medical Act 1983 (as amended) sections 40 and 38(8). Accordingly no complaint of discrimination or victimisation in respect of them could be presented to an ET by reason of RRA section 54(2). RRA section 54(2) provides that a complaint cannot be presented to an ET of an act in respect of which ‘an appeal or proceedings in the nature of an appeal may be brought under an enactment’. Khan v General Medical Council [1996] ICR 1032 applied.
In previous proceedings complaints of discrimination by acts preceding the doctor’s suspension had been held not to be within the scope of the RRA. Even if such claims had been before the EJ whose judgment was the subject of the appeal, he rightly held that they did not fall within RRA section 12(1)(a) to (c) and the ET had no jurisdiction to hear them. An appeal from the decision of the EJ that individual members of the Executive, the Registrar and Trustees of the GMC, were not properly joined as respondents and the complaints against them were struck out, had been dismissed by Langstaff P at a preliminary hearing.

Slade J
[2012] UKEAT 0457 – 11 – 1402
Race Relations Act 1976 1291)(c)
England and Wales

Employment, Discrimination

Updated: 02 November 2021; Ref: scu.470989