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Unfair dismissal and sex discrimination: Unfairly dismissed employee would in any event have been fairly dismissed

This report relates to 1 case(s)

In O'Donaghue v Redcar and Cleveland Borough Council 15.5.01 Court of Appeal, the Court of Appeal upholds an employment tribunal's conclusion that an unfairly dismissed employee would in any event have been fairly dismissed no later than six months after the effective date of termination of her employment. The tribunal did not have to assess in percentage terms the chance that the employee would or might have been fairly dismissed at a later date. Whether it is appropriate to assess in percentage terms the chance of a suggested event happening will depend on the facts and circumstances of the particular case.