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Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49773
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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# I am working for this company for 11 years.Now they make redundancy.number

### Customer Question

I am working for this company for 11 years.Now they make redundancy.number of people being selecting. Criteria D- attendance Record( in last 12 months). <3% absence= Possible score -5. 3% 5% absence possible score -4. 5% or 8 % absence = possible score -3. 8% or 10% absence=possible score- 2. 10 % + absence = possible score-1. So, I being sick from 6 November 2013 to 22 November2013 cause of two member in family died.Son in low on 5 November, then brother in low on 10 November.But because son in low was Police officer, funeral was on 21 November. He died at 32 & he left daughter 3 years old. I had stress and depression.First I call company & told my supervisor what happend.Then I sent sick note from 6 November to 15 November. But because my brother in low died on 10 November, I sew doctor again on 18 November & she told me that I am still no fit to work, she gave mi another sick note to 22 November. So company gave me 3 score. Explanation= 13 days long term sick=5.1%. Should they count to my sickness mark or is this right cap they made my score? Thank You!
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. If your score on sickness absence was better would you avoid redundancy?

Please note I am going offline now so will respond in the morning, thanks

JACUSTOMER-j0xe662g- : I think cause I had all together 39 score and best score who also was at risk and being selected to go is 43 score.
Ben Jones :

Hi, assuming that you work full time (5 days a week), then in a year there would be a total of 253 working days. Therefore when the employer calculates your absence score they will divide the total number of absences by the total number of working days to arrive at a score for your absence percentage. So if you had 13 days off in November, then if you divide 13 by 235, you get a score of 5.1% absence.

Whilst it is unfortunate that the reasons for the absence were such tragic circumstances, the employer can treat them in the same way as any other absence. The only exception would be if it was linked to a long term medical condition, which could include depression, but you need to show that it was depression that lasted for more than a year, something that seriously affects your normal day to day activities.

It is also worth checking whether you have a bereavement policy in work – a policy that allows you time off in the event of a death in the family. If such a policy exists then you should have been given the time off in accordance with the policy rather than have it treated as sick leave so check if that is the case.