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Dr Depner v General Medical Council and Ors 22 June 2012 (judgment handed down 14 February 2013) – heard together with Dr Uddin v General Medical Council and Ors

Sarah Ellson
15/03/2013
In August 2010 a GMC Fitness to Practise Panel ("FtPP") suspended D's registration for 9 months and imposed an order for immediate suspension.  The Appellant unsuccessfully appealed the FtPP's In August 2010 a GMC Fitness to Practise Panel ("FtPP") suspended D's registration for 9 months and imposed an order for immediate suspension.  The Appellant unsuccessfully appealed the FtPP's decisions under s40(7) and s38(8) of the Medical Act 1983.

D brought an appeal against an Employment Tribunal ("ET") decision that it had no jurisdiction to consider  her claims of discrimination and victimisation against the GMC, which she had made under the Race Relations Act 1976 ("RRA").

The EAT held that the ET had correctly considered that D's complaints  of direct discrimination, discrimination by way of victimisation and harassment all fell within s12(1) & (1A) of the RRA.  The EAT also held that the ET had not erred in its ruling that s54(2) of the RRA excluded the right to bring a claim of discrimination and victimisation, as the Medical Act gave an alternative route of appeal under sections 38 and 40. As such, D's appeal was dismissed.

Read the case here.

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