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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47397
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I had two friendship bereavements in the last year. One is

Resolved Question:

I had two friendship bereavements in the last year. One is October and one in January. The doctor signed me off work for 10 days in January and now this has been mentioned as a reason for me to 'partially meet expectations in a work review'.
Does my employer have a legal right to use this as a negative in my performance review?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello hoe long have you worked there for?
Customer: replied 1 year ago.
I started on 03FEB2015. the period of absence was from 22 - 29JAN2015. As per my contract there was no probationary period.
Expert:  Ben Jones replied 1 year ago.
Sadly there is nothing legally preventing the employer from using these absences from work as a reason towards your performance reviews. Regardless of the unfortunate reasons behind these absences, they are still absences from work and an employer is legally allowed to take them into account when considering your performance or attendance levels. There are certain legal exceptions in relation to other types of absence, such as for pregnancy-related time off, like sickness or ante-natal appointments, if they are linked to a disability, or for taking emergency time off to look after dependents. However, in your case the nature of the absences would not be covered by these exceptions so if the employer wanted to use them against you they can. This is an argument from a moral point of view, legally it would be allowed. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
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