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 Metropolitan Borough Council [2013]