Michalak (Respondent) v General Medical Council and others (Appellants)

[2017] UKSC 71 UKSC 2016/0084
Michalak (Respondent) v General Medical Council and others (Appellants)
On appeal from the Court of Appeal Civil Division (England and Wales)
The issue in this case is whether the availability of judicial review proceedings in respect of decisions of the General Medical Council excludes the jurisdiction of the Employment Tribunal by virtue of s.120(7) of the Equality Act 2010.
Dr Michalak was the subject of GMC fitness to practise proceedings in 2008. In 2013, she brought an Employment Tribunal claim in respect of her treatment during the investigation into her fitness to practise, alleging discrimination on a number of grounds. On an application by the GMC, part of the claim was struck out but part was allowed to continue. The GMC appealed to the Employment Appeals Tribunal, submitting that the Employment Tribunal had no jurisdiction to hear the remainder of the claim. The Employment Tribunal found in the GMC's favour. The Court of Appeal overturned that finding.
The Supreme Court dismisses the appeal. In this situation, the Employment Tribunal offers the natural means of recourse. If Parliament had intended that judicial review was within the scope of the procedures contemplated by section 120(7) of the Equality Act 2010, one would expect that it would have provided for it expressly.