In Michalak v GMC & Others  EWCA Civ 172 (23 March 2016), William Edis QC acted for the doctor appealing against a decision of the Employment Appeal Tribunal allowing an appeal by the General Medical Council from a decision of the Employment Tribunal.
At paragraph 1 of his judgment Ryder LJ said that, “This case raises an important question about the remedies and routes of appeal available to individuals who claim to have suffered from discrimination, victimisation, harassment or detriment in the treatment that they have received from a qualifications body. In particular, it concerns the jurisdiction of the Employment Tribunal to hear and determine complaints against qualifications bodies under Part 5 of the Equality Act 2010”.
The case applies to all regulators and establishes that unless there is a prescribed statutory route of appeal, e.g. as provided by s. 40 of the Medical Act 1983, a person complaining of unlawful discrimination may make that complaint to an ET even if the decision to be impugned would be amenable to judicial review.
Read the judgment here.