Way v Powercraft Retail Ltd - Claim or response cannot be struck out at a case management discussion [2008] EAT

An employment tribunal listed Mr Way's constructive dismissal claim for a Case Management Discussion (CMD). Perhaps Mr Way became confused as to whether the CMD would proceed after Powercraft sought (and were refused) an adjournment. In any event he neither attended nor gave any reason for his absence. The employment judge struck out his claim because of his failure to attend. Mr Way appealed and has won.