Challenging a decision

Case 3: The facts

To obtain certain posts in the health service, a doctor must be registered on a specialist register. A qualifications body takes decisions on whose name goes on the register. Two doctors complained that the body had discriminated against them on racial grounds, by rejecting their request to go on the register. The case is the first time that the provisions of section 54(2) of the Race Relations Act 1976 have been considered. These state that there is no right to take a tribunal claim against a qualifying body if there is an internal appeal mechanism.

The ruling

The Employment Appeal Tribunal (EAT) held that the existence of section 54(2) barred the right to take a tribunal claim. It held that it was not the job of the tribunals to decide on the professional skills needed to go on to the register.

Pathak v Secretary of state for health and others; Chaudhary v The Specialist Training Authority Appeal Respondents Panel EAT/0036/03