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Farragher (t/a Potens) v Davies - Tribunal should have considered Polkey reduction [2008] EAT

An employment tribunal found that Potens had unfairly dismissed Miss Davies, the manager of a care home, when it summarily dismissed her for gross misconduct (neglect of duty) after a disciplinary hearing. It awarded her £36,998.88 compensation as well as costs, agreed between the parties, of £17,000. Potens appealed to the EAT against both liability and remedy decisions.

The EAT carefully analysed the tribunal's conclusions.

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