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England and Wales decisions
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An Employment Tribunal found Mr Davies’ dismissal unfair after an inadequate investigation into alleged racial harassment, but reduced compensation by 15% for contributory fault.
Crawford & Anor v Suffolk Mental Health Partnership NHS Trust [2012] EWCA Civ 138 (17 February 2012)
Court of Appeal restored the finding of unfair dismissal but remitted the case for consideration of any Polkey reduction in compensation.
The Court of Appeal dismissed an employer’s appeal in an unfair dismissal case, holding the tribunal was entitled to reject a Polkey argument for lack of credible evidence.
The Court of Appeal upheld a Polkey reduction in unfair dismissal compensation, holding the tribunal could reconstruct what would have happened after fair consultation.
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