The Claimant was dismissed after failing an alcohol test and her dismissal was found to have been unfair because she did not receive a fair appeal. The ET made a compensatory award but applied a Polkey reduction of 75% and reduced both the basic and compensatory award by 75% for contributory fault. The ET limited her future loss until the age of 65 (she was 63 at the time of the hearing). The Claimant appealed on the basis that she had found a new job which paid less and therefore she would have to continue working until she was 70.

The EAT allowed the appeal. The ET was required, as best it could, to assess the future loss sustained by the Claimant in consequence of the dismissal, and attributable to the action of the Respondent. It failed to do so in a principled way.