Jooste v General Medical Council & Ors (Race Discrimination : Indirect) [2012] UKEAT 0093_12_0407 (04 July 2012)

Jooste v General Medical Council & Ors (Race Discrimination : Indirect) [2012] UKEAT 0093_12_0407 (04 July 2012)

Employment Tribunal has no jurisdiction over discrimination claims against regulatory bodies where statutory appeal or judicial review is available under Equality Act 2010 s120(7); claims against GMC and Commission struck out as misconceived and out of time; individual trustees not personally liable; costs order against appellant upheld.

Citation
[2012] UKEAT 0093_12_0407
Parties
Appellant: Dr Jooste; First Respondent: General Medical Council; Second Respondent: Care Quality Commission; Third Respondent: Secretary of State for Health; Fourth Respondent: Secretary of State for Justice
Jurisdiction
United Kingdom
Judgment Date
04 July 2012
Procedural Posture
Employment Appeal Tribunal / Appeal and Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Disability Discrimination, Jurisdiction, Costs, Corporate Liability, Time Limits, Judicial Review
Employment Law Equality Law Administrative Law Race Discrimination Disability Discrimination Jurisdiction Costs Corporate Liability +2 more

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Parties

Dr Jooste

Appellant

General Medical Council

First Respondent

Care Quality Commission

Second Respondent

Secretary of State for Health

Third Respondent

Secretary of State for Justice

Fourth Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal and Preliminary Hearing

Legal Issues

  1. 1 Whether Employment Tribunal has jurisdiction over discrimination claims against regulatory bodies under Equality Act 2010 s120(7)
  2. 2 Whether claims were presented out of time and if extension should be granted
  3. 3 Whether claims against individual trustees and Secretaries of State are misconceived or have reasonable prospects of success

Ratio Decidendi

Employment Tribunal has no jurisdiction over discrimination claims against regulatory bodies where statutory appeal or judicial review is available under Equality Act 2010 s120(7); claims against GMC and Commission struck out as misconceived and out of time; individual trustees not personally liable; costs order against appellant upheld.

Court Disposition

Appeal dismissed

Orders

  • Claims against all Respondents struck out
  • Costs order of £700 against appellant upheld