England and Wales Case Law

The General Medical Council v James Gilbert & Anor

The Court of Appeal held that the High Court judge's evaluative decision to substitute a 12-month suspension with review for erasure was within the bounds of reasonable decision-making, properly applied the Sanctions Guidance, and gave sufficient reasons. Erasure was not mandatory; suspension was a serious sanction marking the gravity of the misconduct, and remediation was possible and evidenced.

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• Sexual misconduct
• Racial harassment
• Fitness to practise
• Sanctions
• Remediation
• Patient safety

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General Medical Council v Gilbert & Anor

General Medical Council v Gilbert & Anor [2026] EWCA Civ 53 (06 February 2026)

Court of Appeal considered sanction for a doctor found to have committed sexual and racial misconduct. It held the sanction issue should be remitted for reconsideration.

• Medical practitioner fitness to practise
• Sanctions for professional misconduct
• Sexual harassment
• Racial harassment
• Appeals in regulatory proceedings
• Application of sanctions guidance

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K Davies v Oscar Mayer Ltd

An Employment Tribunal found Mr Davies’ dismissal unfair after an inadequate investigation into alleged racial harassment, but reduced compensation by 15% for contributory fault.

• Unfair dismissal
• Racial harassment
• Procedural fairness
• Disciplinary procedures
• Redundancy
• Contributory fault

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General Medical Council & Anor v Gilbert

General Medical Council & Anor v Gilbert [2025] EWHC 802 (Admin) (03 April 2025)

The High Court corrected findings on racism and harassment in a medical discipline appeal, but upheld an eight-month suspension and ordered a review hearing.

• Medical regulation
• Sanctions for professional misconduct
• Sexual harassment
• Racial harassment
• Objective test for racism
• Appeal standards in regulatory cases

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General Medical Council & Anor v James Gilbert

The Tribunal erred in law by failing to find certain racist conduct and harassment proven, misapplied legal principles, failed to sufficiently mark the seriousness and harm of sexual and racist misconduct, and wrongly omitted a review hearing. The sanction of eight months' suspension was insufficient; a twelve-month suspension with a review is necessary to maintain public confidence and proper professional standards.

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• Sexual misconduct
• Racial harassment
• Sanctions
• Fitness to practise
• Public confidence
• Remediation

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Ukoumunne v The University of Birmingham & Ors

The court struck out the claimant’s remaining breach of confidence and breach of contract claims, finding no identified confidential information with legal protection.

• Breach of confidence
• Breach of contract
• Copyright infringement
• Professional negligence
• Racial harassment
• Bullying

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Ukoumunne v The University of Birmingham & Ors

The court struck out most of an in-person claimant’s claims over alleged plagiarism in her PhD and publications, but allowed limited breach of confidence and contract issues to be repleaded.

• Copyright infringement
• Breach of confidence
• Breach of contract
• Professional negligence
• Racial harassment
• Bullying

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Base Childrenswear Ltd v Otshudi

Court of Appeal upheld a finding that a dismissal was tainted by race under the Equality Act 2010, holding the tribunal was entitled to infer discrimination.

• Racial harassment
• Burden of proof
• Discriminatory dismissal
• Employment-law
• Equality-law
• Racial-harassment

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Base Childrenswear Ltd v Otshudi

Base Childrenswear Ltd v Otshudi [2019] EWCA Civ 1648 (09 October 2019)

The Court of Appeal dismissed an employer’s appeal in a racial harassment claim, holding the tribunal was entitled to infer that the dismissal was tainted by race.

• Racial harassment
• Burden of proof in discrimination
• Dismissal for alleged misconduct
• Section 26 and 40 equality act 2010
• Section 136 equality act 2010
• Racial-harassment

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Lindsay v London School of Economics and Political Science

Court of Appeal upheld dismissal of racial harassment and direct discrimination claims, and agreed the victimisation finding needed remittal for further findings.

• Racial harassment
• Direct discrimination
• Victimisation
• Limitation of actions
• Burden of proof
• Employment grievance procedures

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