In person For the v Respondent — 2021

Dr A Abdel Bari presented an ET1 on 16 March 2021 complaining of race discrimination by the General Medical Council arising from an Interim Orders Tribunal order made on 25 February 2021 for interim conditional registration. The tribunal noted that the ET1 referred generally to an alleged history of discrimination, but did not particularise earlier acts, and found that the February 2021 order was the only act capable of being the subject of a timely complaint.

The tribunal set out the relevant statutory framework under the Medical Act 1983 and the Equality Act 2010. It held that s.120(7) Equality Act 2010 removes tribunal jurisdiction where the act complained of may, by virtue of an enactment, be subject to appeal or proceedings in the nature of an appeal. The judge referred to Khan v General Medical Council, Ali v Office of the Immigration Services Minister, and General Medical Council v Michalak in explaining that the High Court route under s.41A(10) of the Medical Act 1983 was such a route, and that a doctor challenging an interim conditional registration order must proceed there.

On that basis, the tribunal held that it did not have jurisdiction to hear the race discrimination complaint and dismissed the claim. In a postscript, the judge noted submissions about other race-related complaints concerning the investigation into Dr Abdel Bari and the treatment of a white doctor, but did not decide those matters; he indicated that such complaints would not fall within the scope of s.41A Medical Act 1983 and could in principle be within the tribunal's jurisdiction if pursued as discrimination claims.