Article summary
Under the Equality Act 2010, it is unlawful for a qualifications body (an authority or body which can confer, renew or extend a relevant qualification) to discriminate (in any of various defined ways) against a person who applies for, or holds, a relevant qualification. Claims may generally be brought in relation to such discrimination before an employment tribunal, but may not be brought 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. In circumstances where it is possible to seek judicial review of the relevant act of the qualifications body, that will constitute such a mechanism, and hence will exclude the possibility of pursuing a claim before the tribunal. EAT: Jooste v GMC.
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