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Racism claim payment over-turned Racism claim payment overturned
(about 23 hours later)
The Court of Appeal has over-turned an award of more than £800,000 made to an Asian surgeon over claims of race discrimination. The Court of Appeal has overturned an award of more than £800,000 made to an Asian surgeon over claims of race discrimination.
Rajendra Chaudhary, from Manchester, secured the record payout after taking the British Medical Association to an employment tribunal.Rajendra Chaudhary, from Manchester, secured the record payout after taking the British Medical Association to an employment tribunal.
It found the BMA had failed to support Mr Chaudhary in race discrimination claims against regulatory bodies.It found the BMA had failed to support Mr Chaudhary in race discrimination claims against regulatory bodies.
However, Court of Appeal judges ruled his original claim had no merit.However, Court of Appeal judges ruled his original claim had no merit.
This decision is wrong and cannot stand up to public scrutiny Rajendra ChaudharyThis decision is wrong and cannot stand up to public scrutiny Rajendra Chaudhary
They said the BMA failed to back him not because it was racist, but because his claims against the regulatory bodies were "not well-founded in fact or law".They said the BMA failed to back him not because it was racist, but because his claims against the regulatory bodies were "not well-founded in fact or law".
They ordered the findings of the tribunal and the award to be set aside.They ordered the findings of the tribunal and the award to be set aside.
Lord Justice Mummery, giving the ruling of the court, said: "The essential ground is that no reasonable tribunal... could have concluded that the BMA was guilty of indirect race discrimination against Mr Chaudhary or victimisation of him."Lord Justice Mummery, giving the ruling of the court, said: "The essential ground is that no reasonable tribunal... could have concluded that the BMA was guilty of indirect race discrimination against Mr Chaudhary or victimisation of him."
Mr Chaudhary had claimed the behaviour of the BMA and others seriously damaged his prospects of a career as a consultant urologist. He was awarded £814,877 in 2002.Mr Chaudhary had claimed the behaviour of the BMA and others seriously damaged his prospects of a career as a consultant urologist. He was awarded £814,877 in 2002.
Tony Bourne, BMA Secretary, said: "The BMA feels that we have been totally vindicated by this result.Tony Bourne, BMA Secretary, said: "The BMA feels that we have been totally vindicated by this result.
"The BMA takes accusations of racial discrimination extremely seriously."The BMA takes accusations of racial discrimination extremely seriously.
"We campaign against institutional racism in the Health Service and have an excellent track record of regularly representing members who consider they have been discriminated against. We are totally committed to equal opportunities for all of our members and our staff.""We campaign against institutional racism in the Health Service and have an excellent track record of regularly representing members who consider they have been discriminated against. We are totally committed to equal opportunities for all of our members and our staff."
Fight on principlesFight on principles
Mr Chaudhary, said: "I accept the court's finding but at the same time this decision is wrong and cannot stand up to public scrutiny.Mr Chaudhary, said: "I accept the court's finding but at the same time this decision is wrong and cannot stand up to public scrutiny.
"I have been fighting to establish a principle that the government promised all doctors coming from overseas that they will receive equal or the same registrar training in the NHS.""I have been fighting to establish a principle that the government promised all doctors coming from overseas that they will receive equal or the same registrar training in the NHS."
He claimed the BMA was one of the parties who made the agreement with the government, but when he tried to move up the career ladder, he was told by officers of the regulatory bodies that his registrar training was not comparable to other registrars.He claimed the BMA was one of the parties who made the agreement with the government, but when he tried to move up the career ladder, he was told by officers of the regulatory bodies that his registrar training was not comparable to other registrars.
Mr Chaudhary approached the BMA after the Specialist Training Authority turned him down in 1997.Mr Chaudhary approached the BMA after the Specialist Training Authority turned him down in 1997.
He had been training to become a consultant, but the STA decided that some of his early training in Manchester was inadequate. It said he would need a further 25 months of training.He had been training to become a consultant, but the STA decided that some of his early training in Manchester was inadequate. It said he would need a further 25 months of training.
Lord Justice Mummery said the BMA initially supported Mr Chaudhary's applications for automatic transition to the Specialist Register grade, but refused to support his claim for discrimination after it established that he had been dealt with according to the rules.Lord Justice Mummery said the BMA initially supported Mr Chaudhary's applications for automatic transition to the Specialist Register grade, but refused to support his claim for discrimination after it established that he had been dealt with according to the rules.
Mr Chaudhary is to consult with his lawyers over a possible appeal to the House of Lords.Mr Chaudhary is to consult with his lawyers over a possible appeal to the House of Lords.