Vincent Ledgerwood v L E Pritchett and Company Ltd (CASE REF:2599/14)

Posted In: Case Law
  • Case Reference
  • Legal Body
    Northern Ireland Industrial Tribunal (NIIT)
  • Type of Claim / Jurisdiction
Issues covered: Capability; Conduct; Absence

This was a claim for unfair dismissal after the claimant had been dismissed for a number of absences from work under the respondent’s Absence Policy. There was a dispute regarding the ‘trigger point’ when a final warning could be issued. In March 2009 numerous changes were made to the policy which were communicated to all staff and included in the Employee Handbook.

The tribunal dealt with the issue of whether it was fair to introduce an Absence Policy which retrospectively allowed expired warnings dating back six years to be considered. The tribunal stated its reservations about the rule that 'spent' warnings could be dated back so long, but highlighted the authority of Davies v Sandwell

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This article is correct at 14/08/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

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