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Sex discrimination: Correct approach to assessing loss of earnings flowing from discriminatory dismissal

This report relates to 1 case(s)

In Abbey National plc v Formoso [1999] IRLR 222, the EAT rejects an employment tribunal's "reasonable employer" approach to calculating the financial loss flowing from a discriminatory dismissal. The appropriate question for the tribunal was similar to that following a finding of "procedurally" unfair dismissal, namely: what were the chances that the complainant would have been dismissed had a fair procedure been followed? The loss of the chance of retaining employment, absent sex discrimination, is to be expressed in percentage terms.