Dr Saleem Althaf v General Medical Council — 2020

The claimant, Dr Saleem Althaf, brought claims against the General Medical Council described in the judgment as race discrimination and whistleblowing detriment. The claims related to GMC fitness to practise proceedings ending in 2014 and to later revalidation and licence to practise decisions in 2017. The respondent applied at a preliminary hearing to strike out the claims on jurisdictional grounds, with abuse of process and time-limit arguments also raised but not ultimately determinative.

For the Equality Act claim, the Tribunal accepted the respondent's submission that the GMC would otherwise fall within the qualifications body provisions but that s.120(7) Equality Act 2010 excluded Employment Tribunal jurisdiction where the act complained of may, by statute, be subject to an appeal or proceedings in the nature of an appeal. The Tribunal found that the acts complained of included the imposition of conditions on the claimant's registration, withdrawal of his licence to practise, and dismissal of the appeal against withdrawal, all of which were matters for which statutory appeal routes existed under the Medical Act regime. The race discrimination claims were therefore struck out for lack of jurisdiction.

For the protected disclosure detriment claim, the Tribunal noted that s.47B Employment Rights Act 1996 protects a worker from detriment by an employer on the ground of a protected disclosure. It found that the claimant was not a worker or employee of the GMC and that there were no analogous qualifications body provisions giving the Tribunal jurisdiction over the GMC's acts relating to his licence to practise. The whistleblowing detriment claims were also struck out.

The respondent no longer pursued a res judicata strike-out after clarification from the East London Employment Tribunal that no dismissal judgment had been issued following withdrawal of earlier claims against the GMC. The Tribunal also did not determine time-limit issues because its jurisdiction findings meant no claims remained. No remedy was awarded.