Howie v Kidron House

Employment – Unfair dismissal. The employment tribunal (the tribunal) found that the employee, who previously had a poor attendance record, had been dismissed unfairly by reason of her pregnancy. It made an award in respect of a basic award and a compensatory award. The employer appealed against the failure by the tribunal to make any deduction by way of contributory conduct. Allowing the appeal, the Employment Appeal Tribunal held that the tribunal had erred in law in failing to consider whether or not there had been a chance, on the evidence, that the employee would have been dismissed, fairly, in any event.

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