Mr G Dimitrov v Health and Care Professions Council — 2020

Mr G Dimitrov brought discrimination complaints against the Health & Care Professions Council in relation to applications he had made about his professional qualifications. The tribunal recorded the claim as one that could only be brought under sections 53 and 54 of the Equality Act 2010, because the respondent was acting as a qualifications body rather than as an employer or worker principal. The case was listed as an open preliminary hearing to decide the jurisdictional objection raised by the respondent.

The tribunal held that it had no jurisdiction because section 120(7) Equality Act 2010 excluded Employment Tribunal jurisdiction where the complained-of act may, by virtue of an enactment, be subject to appeal or proceedings in the nature of an appeal. It accepted the respondent's submission that the Health Professions Order 2001 provided an appeal route first to the respondent's Council and then, if necessary, to the County Court. The tribunal found that the claimant had not yet availed himself of, or in one instance had not concluded, the available appeal process.

The reasons summarised four outstanding or related applications: the first, Counselling, was out of time for appeal but the claimant could still apply for a period of adaption or aptitude test; the second, Forensic, had been accepted; the third, Clinical, had an appeal outstanding and was due to be heard on 12 December 2019; and the fourth, Occupational, was ongoing pending further information from the claimant. The tribunal referred to General Medical Council and others v Michalak, King v Health Professions Council, and Koziel v Health Professions Council in support of its approach and dismissed the claim for lack of jurisdiction.