Legal News

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.

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