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I can't comment on that unfortunately. I don't know the firm and even if I did, I wouldn't be privy to their policies and what factors they consider when considering to use the term or not.

From speaking to firms about this last week though, there seems to be very much a "case by case" attitude to both the resit and claw back policies. For instance, if your attendance of SQE prep course lectures/classes is poor (and for no reason) and you had failed the SQE by some significant margin then they are much more likely to stand by the clause(s) than if you had been diligently keeping up with your studies and only marginally failed.