McKinley v Brett Martin Ltd [2020]

The claimant was employed by the respondent, a manufacturing company, as an operator from 1995 until her dismissal on 18^th December 2018.   The issues centred upon the claimant’s disciplinary warnings that had accrued as a result of poor attendance. The poor attendance was detailed from 2010 until the dismissal in 2018 with the final absence being 38 shifts for the reason of depression/sore knee.  The Occupational Health report outlined that there was a history of depression but that it could be controlled and that it would not have implications for performance at work. 

The procedures that were followed by the respondent company were in line with their disciplinary