Dr M Hassaballa v General Medical Council — 2023

This was a public preliminary hearing before Employment Judge S Shore concerning a claim by Dr M Hassaballa, a medical doctor, against the General Medical Council. The claimant alleged that the way the respondent conducted disciplinary investigations and processes (referred to as the "Trust Matters" and the "Dishonesty Matters") was directly discriminatory because of his race and/or his sex. The respondent applied to strike out the claims on grounds of jurisdiction under section 120(7) of the Equality Act 2010, time limits under section 123 EqA, and no reasonable prospect of success, and, in the alternative, sought a deposit order.

The Tribunal refused all three strike-out applications. On jurisdiction, the Tribunal found that the s.120(7) bar did not apply because the alternative appeal routes did not cover the discrimination complaints in the manner required. On time, the Tribunal declined to determine the point without hearing evidence, given evidential conflicts. On reasonable prospect of success, the Tribunal held that the claims, taken at their highest, were not so weak as to have no reasonable prospect without the evidence being tested at a final hearing.

The Tribunal did, however, find that the claimant's claims had little reasonable prospect of success and granted the respondent's application for a deposit order. The Judge identified weaknesses including the suitability of the named actual comparators under section 23(1) EqA, the late reliance on hypothetical comparators, difficulty in establishing a course of conduct, and the strength of the explanation for failing to provide the Work Details Form. After hearing evidence on means, which the Judge found to be vague and inconsistent with the documents provided, the Tribunal ordered the claimant to pay a deposit of £500 in respect of the race discrimination claims and £500 in respect of the sex discrimination claims, totalling £1,000, as a condition of continuing those claims.