EAT Practice and Procedure – Application/Claim
The Claimant, a doctor, put forward a complaint to the Tribunal that the MDU, his professional body, had been guilty of race discrimination in the manner in which they had provided or failed to provide services to him in connection with disciplinary proceedings against him. The Tribunal rejected his complaint on presentation on the basis that the MDU did not fall within s11(1) of the 1976 Act and similarly rejected his application for a review.
Held: In the light of decision of the Court of Appeal in Sadek v PMS [2005] the Tribunal had erred in law. Any factual differences between the MDU and the MPS had to be considered on evidence by the Tribunal. The claim should not have been rejected at the outset.
Judges:
Burke QC J
Citations:
[2006] UKEAT 0270 – 06 – 0607
Links:
Statutes:
Employment, Discrimination
Updated: 09 July 2022; Ref: scu.247788