- the absences arose as a consequence of disability, and
- the way in which the scheme operates cannot be shown to be a proportionate means of achieving a legitimate aim.
It does not matter that a warning relating to the absences might have been received, which was entirely legitimate.
This is intended for general information only and should not be considered as giving advice in relation to any individual case nor be taken as applying to any particular case. No liability is accepted for any such use of the information contained.