Way v. Powercraft (Retail) Ltd [2008] UKEAT 0217_08_2606 (26 June 2008)

A claim cannot be struck out at a case management discussion under Rule 17(2) of the Employment Tribunal Rules; the Employment Judge had no jurisdiction to make such an order at that stage.

Citation: [2008] UKEAT 0217_08_2606
Parties: Appellant: Mr Way; Appellant's Representative: Mr S Hancock; Respondent: Respondents
Jurisdiction: United Kingdom
Judgment Date: 26 June 2008
Procedural Posture: Employment Appeal / Appeal Against Striking Out and Refusal of Review
Outcome: Appeal allowed
Legal Topics: Case Management, Striking Out, Constructive Dismissal, Procedural Fairness

Employment Law Civil Procedure Case Management Striking Out Constructive Dismissal Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Way

Appellant

Mr S Hancock

Appellant's Representative

Respondents

Respondent

Procedural Posture

Employment Appeal / Appeal Against Striking Out and Refusal of Review

Legal Issues

1 Whether a claim can be struck out at a case management discussion
2 Whether non-attendance at a case management discussion justifies striking out a claim
3 Whether the refusal to grant a review was correct

Ratio Decidendi

A claim cannot be struck out at a case management discussion under Rule 17(2) of the Employment Tribunal Rules; the Employment Judge had no jurisdiction to make such an order at that stage.

Court Disposition

Appeal allowed

Orders

Striking out order set aside
Refusal to grant review set aside