Guy Micklewright appears for HCPC
The Court considered the meaning of “racially motivated”, a term used in the allegations faced by the Appellant that has not previously been considered by the courts. Mr Justice Fordham accepted Guy’s proposed test for when a communication would be “racially motivated”. This case is likely to be significant in the growing number of cases coming before fitness to practise committees where professionals face allegations of misconduct arising from their use of social media.
The relevant passage in relation to the test can be found at paragraph 24 (iii) of the judgment:
“(i) that the act in question (here, the posting of the content) had a purpose behind it which at least in significant part was referable to race; and (ii) that the act was done in a way showing hostility or a discriminatory attitude to the relevant racial group.”
Read the judgment in full here.
Guy Micklewright represented the HCPC.
Guy is a specialist fitness to practise, disciplinary and regulatory barrister, having practised in the area for 16 years, acting for both regulators and registrants. Guy has particular experience of complex disciplinary cases before a variety of healthcare, accountancy, legal, and engineering regulators. He regularly instructed by regulators and individuals in appeals and judicial review proceedings.”