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Discrimination: Doctors' registration requirements challenged

This report relates to 2 case(s)

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    Khan v General Medical Council [1994] IRLR 646 CA (1 other report)

    • Meaning of appeal

      1 December 1994

      The right to a review of a decision of the General Medical Council is a proceeding "in the nature of an appeal" such as to preclude a complaint of race discrimination from being brought before an industrial tribunal, the Court of Appeal has ruled in Khan v General Medical Council.

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    Rovenska v General Medical Council [1994] IRLR 646 EAT (0 other reports)

In Khan v General Medical Council, the Court of Appeal holds that a doctor's right to apply to a review board for a review of the Council's decision not to grant him full registration was a proceeding "in the nature of an appeal", and so an industrial tribunal could not consider his complaint of racial discrimination. However, in Rovenska v General Medical Council, the EAT holds that the operation of discretionary rules on exemptions by the GMC was a continuing act until revoked or revised, and so a complaint of racial discrimination could not be time-barred.

Section 12 of the Race Relations Act 1976 (the RRA) makes it unlawful for a qualifying body "which can confer an authorisation or qualification which is needed for, or facilitates, engagement in a particular profession or trade" to discriminate against a person on the ground of race in respect of the authorisation or qualification it confers.