Can Employers Adjust Bradford Factor Scores for Certain Absences?

The Bradford Factor is commonly used by employers to monitor short-term sickness absence and identify patterns that may need further attention.

However, not every absence should necessarily be treated in the same way. An employee may have a disability, experience pregnancy-related sickness or have other circumstances that need to be considered when calculating their Bradford Factor score. Employers have flexibility in how they apply the Bradford Factor, but it's important to understand when adjustments may be appropriate, what the law requires and how to manage absence fairly.

Can Employers Exclude Certain Absences From Bradford Factor Calculations?

Employers can choose to exclude certain absences from Bradford Factor calculations or adjust the thresholds used to trigger an absence review. There is no legal requirement to use the Bradford Factor, and employers have flexibility in how they design their sickness absence procedures. However, those arrangements must comply with employment and equality law.

Some employers exclude particular categories of absence through their sickness absence policy, while others assess individual circumstances before deciding whether an adjustment is appropriate. It's also important to distinguish between adjusting an employee's score and deciding what action to take when a trigger is reached. A high Bradford Factor score doesn't automatically justify formal action, and managers should consider the reasons for absence before making decisions.

Should Disability-Related Absence Count Towards the Bradford Factor?

Disability-related sickness absence requires careful consideration under the Equality Act 2010. Where an employee has a disability, applying standard Bradford Factor thresholds could place them at a substantial disadvantage compared with employees who are not disabled. Employers may therefore have a duty to make reasonable adjustments. Depending on the circumstances, adjustments could include:

• Excluding some disability-related absences from the calculation.

• Increasing the Bradford Factor threshold before an absence review is triggered.

• Using a different approach to monitoring attendance.

• Considering medical advice and the employee's individual circumstances before taking further action.

There isn't an automatic legal requirement to disregard every disability-related absence. The appropriate adjustment will depend on the employee's circumstances, the impact of their condition and what is reasonable for the employer.

An employee with a disability might have several short absences linked to their condition, resulting in a high Bradford Factor score. Rather than automatically applying the usual trigger, the employer could review the circumstances, consider medical advice and assess whether adjusting the threshold or excluding certain absences would be reasonable.

An occupational health assessment may help employers understand the relationship between an employee's condition and their absence, alongside any adjustments that could support attendance. Employers should also consider the risk of discrimination arising from disability when taking action because of disability-related absence.

Should Pregnancy-Related Sickness Be Included in Bradford Factor Scores?

Pregnancy-related sickness should be recorded separately and must not be used to disadvantage an employee. Under the Equality Act 2010, employees are protected against unfavourable treatment because of pregnancy or pregnancy-related illness during the protected period.

Employers can still record pregnancy-related sickness for legitimate absence management purposes, but it should not contribute to Bradford Factor triggers that result in warnings or other detrimental treatment because of pregnancy. This doesn't prevent employers from discussing an employee's wellbeing or exploring appropriate support. However, those conversations should focus on the employee's needs rather than penalising them for pregnancy-related absence.

Employers should also remember that pregnancy-related sickness during the four weeks before the expected week of childbirth can trigger the start of maternity leave.

What Other Absences Might Need Special Consideration?

There may be other circumstances where employers decide to adjust Bradford Factor calculations or consider an alternative approach. These could include absence following a workplace injury, planned treatment, surgery or a serious medical condition. However, the circumstances and legal considerations will vary.

A workplace injury doesn't automatically mean the resulting sickness absence must be excluded from a Bradford Factor calculation. Employers should consider the cause of the injury, any relevant health and safety concerns, whether the employee has a disability and the fairness of applying their usual arrangements.

Similarly, planned hospital treatment may need a different approach depending on whether it relates to a disability, pregnancy or another medical condition. Employers should avoid making assumptions about which absences must always be included or excluded. Individual circumstances matter, alongside any legal protections and the organisation's sickness absence policy.

How Can Employers Apply Bradford Factor Adjustments Fairly?

Consistency is important when managing sickness absence, but treating everyone identically isn't always the fairest or most legally appropriate approach. Employers should have a clear sickness absence policy explaining how the Bradford Factor is calculated, what happens when a trigger is reached and how individual circumstances or adjustments will be considered.

Before deciding whether to adjust a score or take further action, managers should review the reasons for absence, any medical information available and whether reasonable adjustments are required. Decisions should be documented, including the reasons for making or declining an adjustment. This helps demonstrate that the employer has considered the circumstances properly and supports a consistent approach across the organisation. Where circumstances are complex, seeking HR or occupational health advice can help employers make informed decisions.

Do the Same Principles Apply to Other Sickness Absence Triggers?

Not every employer uses the Bradford Factor. Some organisations monitor the number of absences within a particular period, total days lost or a combination of attendance measures. Although the calculations differ, the same legal considerations around disability, pregnancy and fair treatment still apply.

An employer using a trigger of three absences within six months, for instance, may need to consider whether applying that threshold without adjustment would disadvantage an employee with a disability. Whatever system is used, absence triggers should help employers identify when further discussion or support may be needed, rather than replace individual judgement.

Need HR Support?

Managing sickness absence can become more complicated when disability, pregnancy or other individual circumstances need to be considered.

BloomHR provides friendly, straightforward HR advice to small and medium businesses across the UK, helping employers manage absence fairly, review their policies and understand when adjustments may be appropriate. Contact us for more information.