Referral of Registered Medical Practitioner no basis for claim of Discrimination

Following consensual termination of the employment relationship, 2 clinicians were referred to the General Medical Council. Each brought claims of victimisation contrary to section 2 of the Equality Act 2010; relying on earlier proceedings as the necessary protected act. The issue for the Employment Tribunal was whether such a referral was in fact immune. Representing the Trust, and relying upon Clif v Reynolds, Ed Morgan successfully argued that referral was made pursuant to a statutory duty which was personal to the Responsible Officer and was in any event an act which – absent malice- attracted immunity. The Employment Tribunal accepted the submission and dismissed both claims.

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