Seafield Holdings Ltd (t/a Seafield Logistics) v Drewett - Assessment of future loss in unfair dismissal case  EAT
An employment tribunal used the wrong criteria for assessing future loss in an unfair dismissal case. The EAT gave guidance and remitted the case back for correct assessment. The tribunal had awarded £22,575 and the employer appealed. The EAT found that the Employment Tribunal wrongly applied a "but for" test to possible future loss instead of assessing it by reference to the percentage chance that extrinsic factors may have resulted in the employee's inability to work. The "but for" test was appropriate only in respect of past losses.