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General Medical Council v Michalak [CA] 23.03.16

Where a claimant sought to show that a qualification body's decision involved unlawful discrimination but did not seek any of the discretionary remedies available under judicial review, then the Equality Act 2010 s.120(7) did not oust the jurisdiction of the employment tribunal. The purpose of s.120(7) was to ensure that the most specialist body heard a complaint, but where the complaint was focussed on unlawful treatment rather than the specialist medical or professional knowledge of the qualifications body, the employment tribunal was the specialist tribunal charged by Parliament to make those decisions.
Category: Employment » Disciplinary procedures; Tribunal procedure. Keyword(s): Medical profession. Area(s) of law: Employment.
Source: Times 28.04.16.

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