In Constantine v McGregor Cory Ltd  ICR 938 EAT, the Employment Appeal Tribunal held that the tribunal's finding that the employee would have been dismissed in any event did not mean that its failure to explain the potential remedies for unfair dismissal had no practical consequences. In addition, the tribunal should have assessed compensation by evaluating the chance that the employee would still have lost his employment, rather than deciding the matter on the balance of probabilities.
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