Chaudhary v Specialist Training Authority Appeal Panel & Ors [2005] EWCA Civ 282 (16 March 2005)

Chaudhary v Specialist Training Authority Appeal Panel & Ors [2005] EWCA Civ 282 (16 March 2005)

The Employment Tribunal has no jurisdiction to hear the appellant's complaint of race discrimination because section 54(2) of the Race Relations Act 1976 applies where an appeal or proceedings in the nature of an appeal may be brought under any enactment, which includes the statutory appeal process under the 1995 Order. The statutory appeal and judicial review together provide an effective remedy compliant with Article 6 ECHR.

Citation
[2005] EWCA Civ 282
Parties
Appellant: Rajendra Chaudhary; Respondents: Specialist Training Authority Appeal Panel & Ors
Jurisdiction
England and Wales
Judgment Date
16 March 2005
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Jurisdiction of Employment Tribunals, Statutory Appeals, Article 6 ECHR, Judicial Review
Employment Law Discrimination Law Human Rights Law Race Discrimination Jurisdiction of Employment Tribunals Statutory Appeals Article 6 ECHR Judicial Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

Rajendra Chaudhary

Appellant

Specialist Training Authority Appeal Panel & Ors

Respondents

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal had jurisdiction to hear a complaint of race discrimination against the Specialist Training Authority Appeal Panel under the Race Relations Act 1976, section 12, in light of section 54(2)
  2. 2 Whether the appeal procedure under the European Specialist Medical Qualifications Order 1995 constitutes an 'enactment' for the purposes of section 54(2)
  3. 3 Whether the statutory appeal and judicial review provide an effective remedy compliant with Article 6 ECHR

Ratio Decidendi

The Employment Tribunal has no jurisdiction to hear the appellant's complaint of race discrimination because section 54(2) of the Race Relations Act 1976 applies where an appeal or proceedings in the nature of an appeal may be brought under any enactment, which includes the statutory appeal process under the 1995 Order. The statutory appeal and judicial review together provide an effective remedy compliant with Article 6 ECHR.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay the respondent's costs, subject to determination under regulation 127 of the Civil Legal Aid (General) Regulations 1989, now the Community Legal Service Regulations 2000.
  • Application for leave to appeal to the House of Lords refused.