The employee was subject to a TUPE transfer. The new employer introduced a new sick pay scheme, where up to 4 uncertified sick days in any year would be paid. Prior to the introduction of this policy to company had paid staff who were out sick. The complainant had been diagnosed with depression. The complainant had been off sick some 26 days and was given a final warning.

The complainant later went on indefinite sick leave and he was offered one month's notice and an additional two months' compensation. He argued that the respondent should have shown some reasonable accommodation due to his disability.

The respondent offered evidence that the complainant had had only 6 certified days in 26.5