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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor
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Does authourized time off work for an opperation count against

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Does authourized time off work for an opperation count against me as sick leave in the redundancy points system?
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know if this was a one off absence?
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know how long you have worked there?
Customer: replied 5 years ago.


31 Years - obviously I have been sick occasionaly before how far back do they go?

Employers can certainly use sickness absence in their determination of who is to be made redundant, even if such absences were covered by a doctor's note or authorised by the company. The law only states that the employer should avoid taking into consideration absences that were as a result of a disability.

In the legal sense of the word, disability can have a broad meaning and there is no single list of conditions that qualify. Instead, to establish whether a person is disabled for legal purposes, they need to establish whether they meet the legal definition of ‘disability’.

The Equality Act 2010 (“EA”) defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.

I will break this definition down:
• Physical or mental impairment – this can include nearly any medical condition, including progressive conditions and mental conditions such as depression;
• Substantial effect – the effect must be more than minor or trivial;
• Long-term - the effect of the impairment must either have lasted or be likely to last for at least 12 months;
• Normal day-to-day activities – these are not defined but would include anything considered ‘normal’ in a person's normal daily routine (e.g. eating, washing, driving, walking, shopping, etc.)

So if you believe that your condition was a disability then you can argue that this absence should not have been taken into account. However, if this was not a condition that was a disability in law then the employer would be able to consider this if they want to as long as all other employees at risk of redundancy have any absences for the same period of time considered too.

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Customer: replied 5 years ago.

How far back do they look at your sick leave record, and as Ive just received a written warning for a slight misdemeanour is this likely to count against me

they can set their own period, as long as it is applied to everyone else involved. So for example they can say they will take into account all absences or disciplinaries over the last 2 years as long as they look at these records for the same period for all employees that are involved in the redundancy