Mr I Laing v Solicitors Regulation Authority Limited — 2022

Employment Judge Connolly, sitting alone at Birmingham, determined a preliminary issue raised by the Solicitors Regulation Authority Limited about the claimant's complaint that revocation of his practising certificate in April 2021 was discriminatory, harassing and/or victimising. The claimant was a non-practising solicitor bringing claims against the respondent as a qualification body under section 53 of the Equality Act 2010.

The Tribunal identified the substantive act complained of as the decision to revoke the practising certificate, notified on 15/16 April 2021, rather than the legal characterisation of that decision. It accepted that the claimant was alleging that the revocation was direct race or sex discrimination, race or sex-related harassment, and victimisation.

Applying section 120(7) Equality Act 2010 and the authorities it cited, including Michalak v General Medical Council, Ali v Office of the Immigration Services Commissioner and British Medical Association v Chaudhary, the Tribunal held that the revocation decision may be subject to appeal to the High Court by virtue of the SRA Authorisation of Individuals Regulations 8.4 and the SRA Application, Notice, Review and Appeal Rules Annex 3 paragraph 10, made under section 28 of the Solicitors Act 1974. It found that this appeal route had the hallmarks of an appeal and existed by virtue of an enactment, so the Employment Tribunal had no jurisdiction to hear the complaint.

The complaint concerning the revocation of the practising certificate was therefore dismissed. The Tribunal stated that its decision did not affect the claimant's other complaints of discrimination, harassment and victimisation.