Igboaka v Royal College of Pathologists - College could not "aid & abet" alleged GMC discrimination where appeal against GMC decision lay elsewhere [2009] EAT

A qualifying body, alleged to have discriminated on grounds of race, cannot be liable in an employment tribunal if there exists an avenue of appeal to a different court (Race Relations Act 1976 s.54(2)). Furthermore, a second body cannot be found to have aided and abetted that alleged act of discrimination (by way of RRA 1976 s. 33) in such circumstances.  

Dr Igboaka, who is black, claimed race discrimination against both the College and the General Medical Council (GMC). The GMC had struck off his name from the Medical Register. At a Pre-Hearing Review (PHR) an employment judge struck out the claims against the GMC, on the grounds that the tribunal had no jurisdiction to hear them due to Race Relations Act 1976 sec 54(2) (re complaints that can be addressed by an appeal under an enactment).  Dr Igboaka had, instead, a right of appeal to the High Court under the Medical Act 1983

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