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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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with reference to the bradford factor, if you have a doctors

Customer Question

with reference to the bradford factor, if you have a doctors certificate to cover your illness period, can the company still discipline you for so called bad attendance record.
Submitted: 5 years ago.
Category: Law
Expert:  Jo C. replied 5 years ago.
-Could you explain your situation a little more?

Customer: replied 5 years ago.

FOR JOMO1972, I have received an letter stating that I have to attend a disciplinary hearing to discuss my absenteeism for the year April 2012 to date. My bradford factor has exceeded 400 points. I have doctors notes to cover each period as I suffer from tonsilitis one or twice a year. I cannot understand that I can be disciplined when I have valid doctors notes for periods in question.

Expert:  Ben Jones replied 5 years ago.
Hello, my colleague has asked me to assist with your query as it is more my area of law. Just because you have a doctor's certificate for your sickness absence does not mean you are immune from formal action taken by your employer. It is entirely possible for an employer to discipline or take an employee through the capability procedures for frequent or prolonged sickness absences, even if they have a valid doctor's certificate. The reason your employer is taking action is not simply due to an isolated incident but because you obviously have been absent sufficient number of times for them to take formal action. Having a sick note will help in explaining the reasons for your absence but it will not prevent the employer from taking action if they feel it is necessary.

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