BMA cannot bring proceedings arising out of incidents in other countries

Editor—In his letter Khan asks a hypothetical question of the BMA’s legal department¹: how would it respond to complaints of racism in the NHS by a non-white doctor from another country in the European Union? The answer is straightforward. The regional and legal services of the BMA would investigate the matter, give advice, and, if appropriate, assist the member in taking action. What we are unable to do is bring proceedings arising out of incidents in other countries; in Khan’s case this would have meant in German courts or tribunals under German law. It is for this reason that Khan was advised to seek the help of the Marburger Bund, which we knew from correspondence was trying to assist him.

Members of the BMA who are resident overseas (such as Khan) are charged a substantially reduced subscription for the very reason that they are unable to benefit from the full range of the BMA’s services.