Employment

It was well established that in assessing compensation: (i) the task of the tribunal was to assess the loss flowing from the dismissal, using its common sense, experience and sense of justice. In the normal case that required it to assess for how long the employee would have been employed but for the dismissal; (ii) if the employer sought to contend that the employee would or might have ceased to be employed in any event had fair procedures been followed, or alternatively would not have continued in employment indefinitely, it was for him to adduce any relevant evidence on which he wished to rely; (iii) however, there would be circumstances where the nature of the evidence which the employer wished to adduce, or on which he sought to rely, was so unreliable that the tribunal might take the view that the whole exercise of seeking to reconstruct what might have been was so riddled with uncertainty that no sensible prediction based on that evidence could properly be