Legal News

Judicial review does not block discrimination claim on qualifications body (News, 30 March 2016)

Judicial review does not block discrimination claim on qualifications body (News, 30 March 2016)
Published on: 30 March 2016
Published by: LexisPSL
  • Judicial review does not block discrimination claim on qualifications body (News, 30 March 2016)
  • Impact of the case
  • Background law
  • The facts and decisions of the employment tribunal and EAT
  • The judgment of the Court of Appeal

Article summary

Under section 120(7) of the Equality Act 2010 a claim of discrimination may not be brought against a qualifications body in an employment tribunal if, under any Act or statutory instrument, there exists a mechanism whereby an appeal (or 'proceedings in the nature of an appeal') may be brought in relation to the act complained of. Judicial review proceedings are a remedy of last resort but, in relation to claims of discrimination, harassment and victimisation, are not an appeal on the merits that provides a determination of the unlawful treatment complained of. Therefore the availability of judicial review does not prevent a claim of discrimination, harassment and/or victimisation being brought against a qualifications body. Court of Appeal: Michalak v GMC & ors or take a trial to read the full analysis.

Popular documents