Sex discrimination: Correct approach to assessing loss of earnings flowing from discriminatory dismissal
Abbey National plc v Formoso  IRLR 222 EAT (0 other reports)
In Abbey National plc v Formoso  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.