Representation:

a GP's relationship with his local Health Authority is not that of an employee and therefore a GP cannot claim unfair dismissal nor complain of race discrimination under the employment related partsof the Race Relations Act 1976.

Editor's note:-

Dr David-John became a sole practitioner on 1st July 1996 and ceased to provide medical services in the North Essex Health Authority area on 17th April 2001. The case therefore relates to a period before the UK was required to implement the EC Race discrimination Directive 2000/43. It is at least arguable that the decision noted above would not be compatible with the requirements of that directive - see notes at European Law/DIRECTIVES etc/race discrimination directive and the decision in Perceval-Price v Dep't of Economic Development 2000 IRLR 380.

For relevant general notes see Racial discrimination/workers covered by race discrimination rules and/or Definitions and interpretation/employee .