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Lucey v Governing Body of Altrincham Grammar School for Girls - capability dismissal could not be compared to conduct dismissal case

A parallel could not be drawn between an unfair capability dismissal claim and the case of Sarkar v West London Mental Health NHS Trust [2010] IRLR 508, where there was found to be an unfair conduct dismissal (based on circumstances that originally only merited a warning, which were then elevated to constitute gross misconduct).

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