Advising the GDC on a case of alleged impairment of fitness to practise based on adverse health, with particular focus on compatibility with UK equality and anti-discrimination law.
Ben FitzGerald was instructed when the GDC was challenged that its use of FTP procedures in respect of a dentist with a serious health condition was contrary to the Equality Act 2010 and the law on disability discrimination, and needed intelligent, dependable and high quality advice. He provided detailed and clear guidance on the application of this law to the FTP regime, which advice has now become core guidance to GDC lawyers. He also advised on additional evidence that should be obtained to facilitate a Rule 10 application.