Kapenova v Department of Health

Discrimination – Nationality, on the grounds of. The Employment Appeal Tribunal held that the employment tribunal (the tribunal) had not erred in holding to be justified an indirectly discriminatory criterion for entry to the two-year post graduate Foundation Programme for medical students. The tribunal had not erred in concluding that the criterion had been a reasonably necessary and proportionate way of achieving legitimate aims and so the indirect discrimination on grounds related to nationality had been justified in both domestic and European Union law.

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