22 January 2018
Dear Ms White,
Your information access request - F17/9298/SW
Thank you for your email of 20 December 2017. I have considered your request
under the Freedom of Information Act 2000.
You have asked for information relating to the Supreme Court judgment of 1
November 2017 in the case of Michalak (Respondent) v General Medical Council
and others (Appel ants). The premise of your request is that their decision “is in the
interests of fairness and respect for the rights of doctors to be treated fairly and
without discrimination, malice or harassment by the GMC.”
The background of the case is set out in paragraphs 1 to 6 of the judgment which
is published at :-
In August 2013, Dr Michalak issued proceedings against the GMC and two of its
staff members in the Employment Tribunal raising number of al egations including
discrimination. The GMC applied for the case to be struck out on the basis that the
tribunal did not have jurisdiction to hear the claim and this was partly successful in
the first instance.
This issue on jurisdiction was referred to the Employment Appeal Tribunal, which
struck out the claim completely but their decision was reversed by the Court of
The purpose of the Supreme Court Hearing is explained at paragraph 7 of the
“The appeal to this court raises a single issue. It is whether the availability of
judicial review proceedings in respect of decisions or actions of the first appel ant
[the GMC] excludes the jurisdiction of the Employment Tribunal by virtue of section
120(7) of the Equality Act.”
The proceedings before the Court of Appeal and Supreme Court therefore
concerned the jurisdiction of the Employment Tribunal to consider Dr Michalak’s
claims. No substantive hearing, let alone any determination, of any of Dr Michalak’s
al egations has therefore been made and proceedings remain ongoing accordingly
and are fully defended by the GMC and the other Respondents.
Accordingly, none of Dr Michalak’s claims have been al owed by any court or
Tribunal and, as no such decision has been made, the GMC has issued no appeal
against any such decision. Given that the remainder of your request therefore
pertains to an event which has not actual y taken place, we are unable to provide a
response because we do not hold such information.
If you wish to rephrase your request or ask for other information, I would be happy
to consider it afresh.
If you have any queries about this, please feel free to contact me.
Information Access Officer
Resources & Quality Assurance Directorate