Case details

Michalak (Respondent) v General Medical Council and others (Appellants)

Case ID: UKSC 2016/0084

Case summary

Issue

Whether the availability of judicial review proceedings in respect of decisions of the GMC excludes the jurisdiction of the Employment Tribunal by virtue of s.120(7) of the Equality Act 2010.

Facts

Dr Michalak was the subject of GMC fitness to practise proceedings in 2008. In 2013, she brought an Employment Tribunal claim in respect of her treatment during the investigation into her fitness to practise, alleging discrimination on a number of grounds. On an application by the GMC, part of the claim was struck out but part was allowed to continue. The GMC appealed to the Employment Appeals Tribunal, submitting that the Employment Tribunal had no jurisdiction to hear the remainder of the claim. The Employment Tribunal found in the GMC's favour. The Court of Appeal overturned that finding.

Judgment appealed

[2016] EWCA Civ 172

Parties

Appellants
  1. General Medical Council
  2. Niall Dickson
  3. Simon Haywood
Respondent

Dr Eva Michalak

Interveners
  1. Solicitors Regulation Authority
  2. General Pharmaceutical Council
  3. Equality and Human Rights Commission

Appeal

Justices

Lady Hale, Lord Mance, Lord Kerr, Lord Wilson, Lord Hughes

Hearing start date

04 Jul 2017

Hearing finish date

04 Jul 2017

Watch hearing
04 Jul 2017 Morning session Afternoon session