Cole Khan in the Court of Appeal – Mr Omer Karim v General Medical Council
Today, 11 June 2024 Cole Khan appears in the Court of Appeal on behalf of our client Mr Omer Karim who is seeking to protect the Reading Employment Tribunal’s finding that the General Medical Council unlawfully discriminated against him on the grounds of his race.
The Appeal will be heard in Court 75 at the Royal Courts of Justice and will be live streamed.
This Appeal centres on the approach taken by the EAT in respect of its wholesale review of the ET’s reasoning. The appeal is of wider significance as it seeks to clarify the extent to which an appeal tribunal is permitted to investigate and scrutinise an Employment Tribunal’s findings. It is the Appellant’s case that the EAT was wrong to determine that there was a lack of clarity or explanation as to why his claims of race discrimination were successful.
Background:
Mr Karim was a consultant urological surgeon and one of the country’s top robotic surgeons for prostate cancer. He worked at Heatherwood and Wexham Park Hospitals NHS Foundation Trust, (now the Frimley Health NHS Foundation Trust.) The Trust commenced several investigations into his conduct, eventually referring him to his regulator, the GMC. After three and a half years of investigations, the GMC subjected him to a Fitness to Practice Tribunal. None of the contested allegations were found to be proven, and the Tribunal determined that Mr Karim had not committed any act of misconduct. Mr Karim argued that while the investigations into his conduct continued for years, similar complaints against a white colleague were quickly dropped.
In August 2018 Dr Karim brought claims - including claims of direct race discrimination - against the GMC. In 2021 an Employment Tribunal found that some of his complaints of direct race discrimination were well founded, and found that the GMC was ‘looking for material to support allegations against the claimant rather than fairly assessing matters presented’. The panel concluded the GMC’s referral procedure may be ‘infected with discrimination’.
This decision was appealed by the GMC and on 12 June 2023, the Employment Appeal Tribunal (“EAT”) handed down its judgment allowing the GMC’s Appeal.
The Court of Appeal has granted Mr Karim permission to appeal, and the appeal hearing will take place on 11-12 June 2024. Details of the live stream broadcast of the Court of Appeal hearing can be found via the link below:
Link to the full ET judgment: Karim v GMC - ET Judgment
Link to the full EAT Judgment: GMC v Karim - EAT Judgment
Notes to Editors: Mr Karim is represented by Shazia Khan of Cole Khan Solicitors LLP. His barristers are Karon Monaghan KC of Matrix Chambers & Jeffrey Jupp KC of 7BR.