Court overturns race discrimination ruling against BMA

BMJ 2007; 335 doi: (Published 02 August 2007) Cite this as: BMJ 2007;335:225
  1. Clare Dyer, legal correspondent
  1. BMJ

    A record race discrimination award against the BMA won five years ago by a surgeon who qualified in India was overturned last week by three appeal court judges.

    Rajendra Chaudhary was awarded £814 877 (€1.2m; $1.7m) compensation—the highest ever for a race discrimination claim—by an employment tribunal in 2002 for the BMA's failure to support him in claims of race discrimination over his specialist training. The finding was upheld by the Employment Appeal Tribunal in 2004 (BMJ 2004;328:786 doi: 10.1136/bmj.328.7443.786-a).

    But last week the appeal court judges said that the BMA had refused to back his claims not because of race discrimination, but because the claims were not well founded.

    Lord Justice Mummery, delivering the unanimous judgment of the court, said, “The essential ground is that no reasonable tribunal …

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