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Employment Tribunals and Court of Appeal

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Dear General Medical Council,

It has been confirmed by the Court of Appeal that allegations (made by registrants) of harassment, victimisation or discrimination by the GMC and its employees can be heard in an Employment Tribunal.

Has the GMC lodged an appeal to the higher courts?
Does the GMC intend to lodge an appeal to the higher courts?

How much has been spent by the GMC in resisting/appealing the decision of the initial leeds employment tribunal which initially decided what the court of appeal has now confirmed?

What action has the GMC taken in relation to Dr. Ewa Michalak and the doctors who were found guilty of bullying, harassing and victimising her ?

Has the GMC informed all its staff that they may now be individually liable and culpable for any such acts , were they to be committed in their duties as agents or officers of the GMC?

Yours faithfully,

susan charnock

FOI, General Medical Council

Thank you for getting in touch.

 

We’ll get back to you as soon as we can with a further acknowledgement.
You’ll usually hear from us on the next working day, but it might take a
little longer during busy periods.

 

In the meantime, if you want any further information about the GMC, please
visit our website.

 

 

Thank you

 

Information access team

General Medical Council

Email: [GMC request email]

Telephone: 0161 923 6365

Working with doctors Working for patients

The General Medical Council helps to protect patients and improve medical
education and practice in the UK by setting standards for students and
doctors. We support them in achieving (and exceeding) those standards, and
take action when they are not met.

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FOI, General Medical Council

Dear Ms Charnock

Your information request – F16/8053/CA 

Thank you for your email.

How we will consider your request 

We’re going to look at your request under the Freedom of Information Act
2000 (FOIA). The FOIA gives us 20 working days to respond but we’ll come
back to you as soon as we can.   

Who to contact  

Christine Abdy will be handling your request. If you have any questions
you can call her on 0161 923 6421 or her at email [1][email address].  

Yours sincerely 

Miss Sadie Jones

Information Assistant

[2][email address]

0161 250 6889

 

General Medical Council

3 Hardman Street

Manchester

M3 3AW

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Christine Abdy (0161 923 6421), General Medical Council

Dear Ms Charnock

Your information access request - F16/8053/CA 

Thank you for your email dated 31 March 2016 asking for information in
relation to a Court of Appeal decision.  I’ve considered your request
under the Freedom of Information Act 2000 (FOIA).    As you refer to Dr
Michalak in your third question,  I have assumed that the first two
questions relate to the recently published decision of the Court of Appeal
in the case of Dr Michalak v GMC and others, and the earlier employment
tribunal concerning Dr Michalak.

 

Under the FOIA I cannot provide all the information you have asked for.

 

1.   It has been confirmed by the Court of Appeal that  allegations (made
by registrants) of harassment, victimisation or discrimination by the GMC
and its employees can be heard in an Employment Tribunal.

Has the GMC lodged an appeal to the higher courts?

Does the GMC intend to lodge an appeal to the higher courts?

         

Response:  The GMC applied to the Court of Appeal for permission to appeal
to the Supreme Court but this was refused.   I can’t provide you with
information about the GMC’s future intention because this is subject to
legal professional privilege and therefore an exemption under s.42 FOIA is
engaged. The principle of legal professional privilege is to safeguard
full and frank exchanges between legal advisor and client. This exemption
is subject to a public interest test. In this instance I believe that the
public interest lies in maintaining the exemption rather than disclosing
the information.

 

2.   How much has been spent by the GMC in resisting/appealing the
decision of the initial Leeds employment tribunal which initially decided
what the court of appeal has now confirmed?

 

Response:  This information is not held as a specific cost schedule.

 

3.   What action has the GMC taken in relation to Dr. Ewa Michalak and the
doctors who were found guilty of bullying,  harassing and victimising her
?

 

Response: I can neither confirm nor deny whether we hold this information
as it would breach the Data Protection Act 1998 (DPA) to do so.  Section
40(5)(b)(i) of the FOIA applies because the information, if held, would be
the personal data of third parties and confirming publicly whether it’s
held would breach the first principle of the DPA, which requires that the
processing of personal data is fair and lawful.  I believe the conditions
in Schedule 2 and 3 of the DPA, which are about the processing of personal
information, are not met and therefore giving you the information would be
unlawful.  The register of medical practitioners
[1]http://www.gmc-uk.org/doctors/register/L... contains all publicly
available fitness to practise information about registered doctors. 

 

4.   Has the GMC informed all its staff that they may now be individually
liable and culpable for any such acts , were they to be committed in their
duties as agents or officers of the GMC?

 

Response:  I assume you refer to acts of harassment, victimisation or
discrimination.  Until this legal matter has reached its conclusion in the
courts, the GMC is not able to determine its responsibilities to inform
staff of any individual liability.  At this time, no such advice has been
given to staff consequent to this case.

 

 

Your right to appeal

 

I'm sorry I couldn’t provide all the information you requested. You can
appeal against this decision to Julian Graves, Information Access Manager.
 If you want to appeal, please set out your reasons and write to him at
the above address or email [2][email address].  You can also appeal to
the Information Commissioner, the regulator of the FOIA and DPA – we can
provide more details about this if you need them.

 

Yours sincerely

 

 

Christine Abdy

Information Access Officer

General Medical Council

3 Hardman Street

Manchester

M3 3AW

Tel:  0161 923 6421

[email address]

 

 

 

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