Qing-Ping Ma v. Merck Sharp & Dohme Ltd [2007] UKEAT 0448_06_0602 (6 February 2007)

The Tribunal Chairman failed to properly consider whether the alleged acts were part of a continuing discriminatory state of affairs linked by Dr Ma's ethnicity, and erred by focusing on technical pleading requirements and isolated acts without considering the overall pattern.

Citation: [2007] UKEAT 0448_06_0602
Parties: Appellant: Dr Qing-Ping Ma; Respondent: Merck Sharp & Dohme Ltd
Jurisdiction: United Kingdom
Judgment Date: 06 February 2007
Procedural Posture: Employment Tribunal Appeal / Appeal Against Preliminary Ruling on Time Limits
Outcome: Appeal allowed; preliminary ruling set aside; case remitted for reconsideration.
Legal Topics: Race Discrimination, Continuing Act, Time Limits, Race Relations Act 1976

Employment Law Equality Law Race Discrimination Continuing Act Time Limits Race Relations Act 1976

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2

Parties

Dr Qing-Ping Ma

Appellant

Merck Sharp & Dohme Ltd

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Against Preliminary Ruling on Time Limits

Legal Issues

1 Whether the Tribunal applied the correct test for continuing acts under the Race Relations Act 1976
2 Whether complaints relating to acts before 22 May 2005 were out of time

Ratio Decidendi

Court Disposition

Appeal allowed; preliminary ruling set aside; case remitted for reconsideration.

Orders

Chairman's ruling that complaints relating to acts before 22 May 2005 were out of time is set aside.
Case remitted to another Chairman to determine the preliminary issue in light of this judgment.