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Scorah t/a Premier Plus v Thomas - Failure to consider Polkey deduction [2005] EAT

The Exeter employment tribunal did not consider the "Polkey argument" in an unfair dismissal case where a woman's dismissal was unfair because it was not preceded by any disciplinary process - in other words, the tribunal did not properly consider whether she would have been dismissed anyway.

The EAT remitted the case to a differently constituted tribunal for re-hearing

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