Rovenska v General Medical Council [1996] EWCA Civ 1096 (4th December, 1996)

Rovenska v General Medical Council [1996] EWCA Civ 1096 (4th December, 1996)

The GMC's exemption policy for the PLAB test, as applied to Dr. Rovenska, constituted a continuing act of discrimination. Each refusal to grant exemption under the policy was a fresh act, and Dr. Rovenska's complaint was lodged within three months of the latest refusal. The Employment Appeal Tribunal was entitled to recast the substance of her complaint as indirect discrimination. The appeal was dismissed.

Citation
[1996] EWCA Civ 1096
Parties
Appellant/respondent: Dr. Elena Rovenska; Respondent/appellant: General Medical Council
Jurisdiction
England and Wales
Procedural Posture
Appeal From Employment Appeal Tribunal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Race Discrimination, Indirect Discrimination, Limitation Periods, Professional Registration, Statutory Interpretation
Employment Law Equality and Discrimination Law Administrative Law Race Discrimination Indirect Discrimination Limitation Periods Professional Registration Statutory Interpretation

Case Brief

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Parties

Dr. Elena Rovenska

Appellant/respondent

General Medical Council

Respondent/appellant

Procedural Posture

Appeal From Employment Appeal Tribunal / Final Appellate Judgment

Legal Issues

  1. 1 Whether Dr. Rovenska's complaint of racial discrimination against the GMC was lodged within the statutory time limit under the Race Relations Act 1976
  2. 2 Whether the GMC's exemption policy for the PLAB test constituted a continuing act of discrimination or a one-off act
  3. 3 Whether the Employment Appeal Tribunal was correct to recast the substance of Dr. Rovenska's complaint as indirect discrimination

Ratio Decidendi

The GMC's exemption policy for the PLAB test, as applied to Dr. Rovenska, constituted a continuing act of discrimination. Each refusal to grant exemption under the policy was a fresh act, and Dr. Rovenska's complaint was lodged within three months of the latest refusal. The Employment Appeal Tribunal was entitled to recast the substance of her complaint as indirect discrimination. The appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.
  • Legal aid taxation of Dr. Rovenska's costs.