This is a preview. To continue reading please log in or Register to read this article

Human rights: Bar on tribunal application no breach of article 6 ECHR

This report relates to 1 case(s)

  • expand disabled

    Chaudhary v Specialist Training Authority Appeal Panel and others [2005] All ER (D) 256 (Mar) CA (0 other reports)

Key points

In Chaudhary v Specialist Training Authority appeal panel and others (No.2) [2005] EWCA (Civ) 28, the Court of Appeal holds:

  • The Specialist Training Authority appeal panel provides a route to review of the Specialist Training Authority's decisions on the registration of specialist medical practitioners, and fulfils the requirements of Article 6 ECHR in being an independent and impartial tribunal.
  • Under s.54(2) Race Relations Act 1976 (RRA), the existence of an independent complaint mechanism that provides a route to an appeal or proceedings "in the nature of an appeal" precludes a claim to an employment tribunal against a "qualifying body" under s.12 RRA.
  • The discriminatory act complained of was the original decision of the Specialist Training Authority. The later decision of the appeal panel could not of itself be the "act" complained of.
  • The Court of Appeal upheld its earlier decision in Khan v General Medical Council [1994] IRLR 646 that employment tribunals had no jurisdiction in such cases by virtue of s.54(2) RRA.