Claimant v Nursing and Midwifery Council
Outcome
Individual claims
Tribunal found it had no jurisdiction under section 120(7) of the Equality Act 2010 because the complaint challenged the decision of the NMC Fitness to Practice Committee, for which there is a statutory right of appeal to the High Court under Article 38 of the Nursing and Midwifery Council Order 2001. The claim was therefore struck out for lack of jurisdiction.
Tribunal found it had no jurisdiction under section 120(7) of the Equality Act 2010 because the complaint challenged the decision of the NMC Fitness to Practice Committee, for which there is a statutory right of appeal to the High Court. The claim was therefore struck out for lack of jurisdiction.
Tribunal found it had no jurisdiction under section 120(7) of the Equality Act 2010 because the complaint challenged the decision of the NMC Fitness to Practice Committee, for which there is a statutory right of appeal to the High Court. The claim was therefore struck out for lack of jurisdiction.
Tribunal found it had no jurisdiction under section 120(7) of the Equality Act 2010 because the complaint challenged the decision of the NMC Fitness to Practice Committee, for which there is a statutory right of appeal to the High Court. The claim was therefore struck out for lack of jurisdiction.
Tribunal found it had no jurisdiction under section 120(7) of the Equality Act 2010 because the complaint related to the NMC Fitness to Practice Committee process, for which there is a statutory right of appeal to the High Court. The claim was therefore struck out for lack of jurisdiction.
Tribunal found it had no jurisdiction under section 120(7) of the Equality Act 2010 because the complaint challenged the decision of the NMC Fitness to Practice Committee, for which there is a statutory right of appeal to the High Court. The claim was therefore struck out for lack of jurisdiction.
Tribunal found it had no jurisdiction under section 120(7) of the Equality Act 2010 because the complaint related to the NMC Fitness to Practice Committee process, for which there is a statutory right of appeal to the High Court. The claim was therefore struck out for lack of jurisdiction.
Tribunal found it had no jurisdiction under section 120(7) of the Equality Act 2010 because the complaint related to the NMC Fitness to Practice Committee process, for which there is a statutory right of appeal to the High Court. The claim was therefore struck out for lack of jurisdiction.
Tribunal found it had no jurisdiction under section 120(7) of the Equality Act 2010 because the complaint related to the NMC Fitness to Practice Committee process, for which there is a statutory right of appeal to the High Court. The claim was therefore struck out for lack of jurisdiction.
Claims against the fourth and fifth respondents under sections 110 and 111 of the Equality Act 2010 were struck out as having no reasonable prospect of success, as the fourth respondent was an independent barrister and the fifth respondent was an independent panel chairman, neither acting as agents or employees of the NMC.
Claims under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 against all respondents were struck out for lack of jurisdiction, as none of the respondents were the claimant's employer within the meaning of those regulations.
Facts
The claimant was a midwife employed by Frimley Health NHS Foundation Trust for almost 22 years until her dismissal for gross misconduct on 9 March 2020. She was referred to the Nursing and Midwifery Council (NMC) by the Trust's Director of Midwifery. The NMC Fitness to Practice Committee held a hearing from 20 to 27 April 2023 in the claimant's absence, found her fitness to practice impaired, and suspended her registration for 4 months. The claimant brought claims of multiple forms of discrimination against the NMC, the referrer, an independent barrister who presented the NMC's case, and the committee chairman, arguing that the NMC failed to recognise discrimination by the Trust and subjected her to discriminatory treatment throughout the regulatory process.
Decision
The tribunal struck out all claims. It found it had no jurisdiction over the discrimination claims against the NMC under s.120(7) of the Equality Act 2010 because the claimant was effectively challenging the decision of the Fitness to Practice Committee, which is subject to a statutory right of appeal to the High Court. Claims against the barrister and committee chairman failed under ss.110-111 as they were independent contractors, not agents or employees. Part-time workers claims failed because none of the respondents were the claimant's employer.
Practical note
Employment tribunals lack jurisdiction to hear discrimination claims against professional regulators where the complaint effectively challenges a Fitness to Practice decision subject to statutory High Court appeal, even if framed as continuous discrimination.
Legal authorities cited
Statutes
Case details
- Case number
- 3310586/2023
- Decision date
- 28 August 2025
- Hearing type
- preliminary
- Hearing days
- 3
- Classification
- contested
Respondent
- Name
- Nursing and Midwifery Council
- Sector
- regulator
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Midwife
- Service
- 22 years
Claimant representation
- Represented
- No