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MA v Merck Sharp & DOHME Ltd - question of continuing acts to be considered in light of evidence

In 2005 Dr Ma, of Chinese origin, brought complaints of race discrimination relating to the whole of his employment between 1997 and 2005.

At a Pre-Hearing Review (PHR) an employment tribunal ruled that 8 complaints were within the time-limit and could proceed to full hearing: the rest were dismissed as out of time. Effectively the employmenmt judge ruled out all pre-2004 complaints "as a matter of proportionality".

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