Chances approach may not be appropriate

In Hunt v Secretary of State for Defence a London (South) industrial tribunal (Chair: T J Mason) doubts whether it is right to follow the "chance" approach to assessing past loss suggested by the EAT in the Cannock decision.

In the pregnancy dismissal cases, Ministry of Defence v Cannock and others EOR57E, the EAT suggested that, in assessing compensation for sex discrimination, tribunals should assess chances rather than make findings of fact as to whether, for example, an applicant would have returned to work after the birth of the child and whether she would have been fit and able to do so.