Dr S Mokhammad v General Medical Council and 2 others — 2023

The tribunal considered claims of direct race discrimination against all three respondents and a religion or belief discrimination claim against the third respondent arising from the aftermath of the car park incident on 17 May 2017. It recorded that the claimant’s unfair dismissal claim had already been dismissed upon withdrawal at an earlier preliminary hearing.

On amendments, the tribunal allowed some limited additions that were closely linked to the original pleaded allegations, including aspects of the claims against UHB about the adequacy of the investigation and written explanation, the claim against the GMC about initiating its investigation, and the claim against HCL about failing itself to investigate before the assignment ended. It refused other proposed amendments where they amounted to new claims, depended on wider factual enquiries, or lacked a cogent explanation for not having been raised earlier.

On time limits, the tribunal found the discrimination claims were brought several years late. It accepted that the events had been stressful for the claimant, but found he had made a choice to concentrate first on the GMC proceedings and then the judicial review in order to clear his name before bringing tribunal proceedings. The tribunal was not persuaded that it was just and equitable to extend time, and it concluded that delay had impaired the cogency of the evidence, including recollections of conversations and the availability of relevant witnesses. All remaining discrimination claims were therefore struck out as out of time.