Kulkarni v NHS Education Scotland & Anor (Race Discrimination : no sub-topic) [2012] UKEAT 0031_12_1610 (16 October 2012)

Kulkarni v NHS Education Scotland & Anor (Race Discrimination : no sub-topic) [2012] UKEAT 0031_12_1610 (16 October 2012)

NHS Education Scotland is not a qualifications body under sections 53 and 54 of the Equality Act 2010 because it does not have the power to confer any qualification, authorisation, recognition, registration, enrolment, approval or certification that is needed for or facilitates engagement in the medical profession; allocation of a trainee does not amount to the conferment of a qualification within the statutory meaning.

Citation
[2012] UKEAT 0031_12_1610
Parties
Appellant: Ravindra W Kulkarni; First Respondent: NHS Education Scotland; Second Respondent: David Large
Jurisdiction
United Kingdom
Judgment Date
16 October 2012
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Qualifications Body, Equality Act 2010, Jurisdiction
Employment Law Equality Law Race Discrimination Qualifications Body Equality Act 2010 Jurisdiction

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 2 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Ravindra W Kulkarni

Appellant

NHS Education Scotland

First Respondent

David Large

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether NHS Education Scotland is a 'qualifications body' under sections 53 and 54 of the Equality Act 2010
  2. 2 Whether non-allocation of a trainee to the appellant constitutes actionable race discrimination

Ratio Decidendi

NHS Education Scotland is not a qualifications body under sections 53 and 54 of the Equality Act 2010 because it does not have the power to confer any qualification, authorisation, recognition, registration, enrolment, approval or certification that is needed for or facilitates engagement in the medical profession; allocation of a trainee does not amount to the conferment of a qualification within the statutory meaning.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.