MA v Merck Sharp & Dohme Ltd

MA v Merck Sharp & Dohme Ltd

The Court of Appeal held that, except for the complaint regarding exclusion from Project Core Groups (issue 7), the question whether the remaining complaints were continuing acts over the whole period of employment should be adjourned to the substantive hearing for determination after hearing all the evidence. The Employment Tribunal erred in excluding these complaints at the preliminary stage.

Parties
Appellant: Dr Qing-Ping Ma; Respondent: Merck Sharp & Dohme Limited
Jurisdiction
England and Wales
Judgment Date
16 December 2008
Procedural Posture
Appeal From Employment Appeal Tribunal / Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Race Discrimination, Limitation Periods, Continuing Acts, Case Management
Employment Law Discrimination Law Race Discrimination Limitation Periods Continuing Acts Case Management

Case Brief

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Parties

Dr Qing-Ping Ma

Appellant

Merck Sharp & Dohme Limited

Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in holding certain complaints of race discrimination out of time
  2. 2 Whether acts complained of constituted continuing acts extending over the period of employment
  3. 3 Whether evidence of earlier acts should be excluded from the merits hearing

Ratio Decidendi

The Court of Appeal held that, except for the complaint regarding exclusion from Project Core Groups (issue 7), the question whether the remaining complaints were continuing acts over the whole period of employment should be adjourned to the substantive hearing for determination after hearing all the evidence. The Employment Tribunal erred in excluding these complaints at the preliminary stage.

Court Disposition

Appeal allowed in part

Orders

  • Order of the Employment Tribunal varied: save for issue 7, time limit issues for remaining complaints to be adjourned to the substantive hearing.
  • Complaint regarding exclusion from Project Core Groups (issue 7) remains out of time.