The full text of the judgment in this case is available free of charge on the BAILII website
.
Authority for the propositions that:-
- an Employment Tribunal has no jurisdiction to hear a claim for racial discrimination if there is alternative provision for an appeal to be made to a relevant professional body;
- this apparent 'restriction' is not a breach of the Human Rights Act because a claimant in this context is still entitled to apply to the High Court for judicial review should the appeal be unsuccessful.
editor's notes:
For notes on Mr Chaudhary's ultimately unsuccessful claim against the British Medical Association for alleged race discrimination in failing to support him fully in his claim against the authorities see British Medical Association v Chaudhary EAT 2004
For relevant general notes see Racial discrimination/professional qualifications and organisations and/or European Law/professional qualifications .
FINISH>
prepared Jan2008