MA v Merck Sharp & Dohme Ltd [2008] EWCA Civ 1426 (16 December 2008)

MA v Merck Sharp & Dohme Ltd [2008] EWCA Civ 1426 (16 December 2008)

The Employment Tribunal erred in excluding, prior to hearing all the evidence, the possibility that most of the remaining complaints (except exclusion from Project Core Groups) could be continuing acts; the question of whether they are out of time should be determined at the substantive hearing after full evidence.

Citation
[2008] EWCA Civ 1426
Parties
Appellant: MA; Respondent: Merck Sharp & Dohme Limited
Jurisdiction
England and Wales
Judgment Date
16 December 2008
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment on Preliminary Issue (time Limits)
Outcome
Appeal allowed in part; Employment Tribunal order varied
Legal Topics
Race Discrimination, Limitation Periods, Continuing Acts, Case Management, Employment Tribunal Procedure
Employment Law Discrimination Law Race Discrimination Limitation Periods Continuing Acts Case Management Employment Tribunal Procedure

Case Brief

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Parties

MA

Appellant

Merck Sharp & Dohme Limited

Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment on Preliminary Issue (time Limits)

Legal Issues

  1. 1 Whether certain complaints of race discrimination were acts extending over a period or isolated acts for limitation purposes
  2. 2 Whether the Employment Tribunal erred in excluding pre-2004 complaints as out of time
  3. 3 Whether the categorisation of complaints by the claimant precluded consideration of their continuity

Ratio Decidendi

The Employment Tribunal erred in excluding, prior to hearing all the evidence, the possibility that most of the remaining complaints (except exclusion from Project Core Groups) could be continuing acts; the question of whether they are out of time should be determined at the substantive hearing after full evidence.

Court Disposition

Appeal allowed in part; Employment Tribunal order varied

Orders

  • The question whether the remaining complaints (except exclusion from Project Core Groups) are continuing acts and in time is adjourned to the substantive hearing before the Employment Tribunal.
  • Exclusion from Project Core Groups (issue 7) remains out of time and excluded from the merits hearing.