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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50490
Experience:  Qualified Employment Solicitor
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In an absence review situation can an employee be reviewed

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In an absence review situation can an employee be reviewed anddisciplined when the Bradford points system has been triggered where previously an employee has already been disciplined for a previous absence. The review will be over a 12 period where it, has already been dealt with previously. The next review should be for 2 months only can u advise

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Is there a workplace policy that deals with that?

Customer: replied 4 months ago.
The Bradford points accumulated on days of sickness when the points get to a certain level it triggers a manager review meeting the policy I understand looks at the points and not the reason of sickness in this case I was hospitalised in July Bradford point triggered n I got a first written warning I was again hospitalised for chronic pains arm neck and shoulder came back to work facing hr/mrm to review last 12months its already been reviewed up to Oct 2017 no absence for 3 month then I'm facing possibility of disciplinary or dismissal.. Advise plz

Thank you. The law is actually relatively silent on all of this, especially how the Bradford factor should be applied. Legally there is nothing stopping an employer from using previous absences, which the employee has been disciplined on, to trigger further action. For example, someone who has been absent on occasions A, B and C is disciplined for these, then they continue being absent on occasions D, E and F and the employer then takes all occasions from A to F in order to pursue further action, citing the prolonged and consistent absences.

Therefore, unless you can show that there was a specific policy the wording of which prevents them from using the previous absences which have already been taken into account, the employer can potentially use them.

None of this prevents you from challenging them though and if needed you can always use the formal grievance procedure to do this. Your more formal rights will not really kick in until they have taken more drastic action though, like dismissing you and you can show that they have followed the incorrect policy in the circumstances.

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Thank you. If you were to be dismissed because of this you can consider an unfair dismissal claim potentially. This needs to be pursued within 3 months of the date of termination.

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####