Claimant v General Medical Council
Outcome
Individual claims
Claim not determined at this preliminary hearing. Tribunal refused respondent's strike-out applications on jurisdiction, time and no reasonable prospects grounds but made a £500 deposit order finding little reasonable prospect of success. Claimant alleges GMC discriminated in how it conducted disciplinary investigations and processes.
Claim not determined at this preliminary hearing. Tribunal refused respondent's strike-out applications on jurisdiction, time and no reasonable prospects grounds but made a £500 deposit order finding little reasonable prospect of success. Claimant alleges GMC discriminated in how it conducted disciplinary investigations and processes.
Direct race discrimination claim based on alleged less favourable treatment compared to non-Sudanese doctors. Tribunal found claim has little reasonable prospect of success but refused to strike out without hearing evidence. Deposit order made.
Direct sex discrimination claim based on alleged less favourable treatment. Tribunal found claim has little reasonable prospect of success but refused to strike out without hearing evidence. Deposit order made.
Withdrawn by claimant at preliminary hearing on 24 April 2023 and dismissed by judgment dated 25 April 2023.
Withdrawn by claimant at preliminary hearing on 24 April 2023 and dismissed by judgment dated 25 April 2023.
Detriment for making protected disclosure claim withdrawn by claimant at preliminary hearing on 24 April 2023 and dismissed by judgment dated 25 April 2023.
Facts
Dr Hassaballa, a medical doctor, was investigated by his employer Basildon University Hospital in 2018 (no action) and again in 2021, resulting in an 18-month final written warning in June 2021. He resigned in October 2021. The GMC investigated these 'Trust Matters' and closed them with no action in August 2022. Separately, the GMC opened a 'Dishonesty Matters' investigation in December 2021 when Dr Hassaballa allegedly failed to complete a Work Details Form and later failed to inform a new employer of ongoing investigations. A Medical Practitioners Tribunal found the dishonesty allegations proven in September 2023 and erased him from the register. Dr Hassaballa claims the GMC's conduct of these investigations was discriminatory on grounds of race (Sudanese nationality) and sex.
Decision
The tribunal refused the GMC's applications to strike out on jurisdictional grounds (section 120(7) EqA), time grounds, and no reasonable prospects grounds. The judge found the claims concern procedural conduct rather than appealable decisions, and evidential issues on time and continuing conduct needed full hearing. However, deposit orders of £500 each (£1,000 total) were made on race and sex discrimination claims, finding little reasonable prospect of success due to weak comparators, weak linkage between the two sets of disciplinary matters, and weak explanations. The case proceeds to full hearing.
Practical note
Discrimination claims against regulatory bodies like the GMC concerning investigatory procedure (rather than final decisions) can proceed in the Employment Tribunal despite section 120(7) EqA, but weak comparator evidence and difficulty proving continuing conduct may attract deposit orders even where strike-out is refused.
Legal authorities cited
Statutes
Case details
- Case number
- 2600211/2023
- Decision date
- 27 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- General Medical Council
- Sector
- regulator
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Medical doctor
Claimant representation
- Represented
- Yes
- Rep type
- barrister