The Bradford Factor can be a useful tool for measuring employee absence and prioritising cases for management attention. It looks at the number and length of absences over a period and particularly highlights short-term, unplanned absences (as these result in the highest scores). It is, however, quite limited as it does not give consideration to such things as the reasons for absence or the context of each case (e.g. whether or not a person has a disability).

If being used, it should be complemented by an assessment of context and the reasons for absence.

In such circumstances, it is best not to form any assumptions, jump to conclusions or make knee-jerk reactions. There are instances where an individual may genuinely be unfit for work, but where they are legitimately able to travel on holiday e.g. someone experiencing stress, anxiety or depression may benefit from this as part of their rest and recovery, which may in turn facilitate their return to work or an improvement in attendance levels.

In view of this, it is best to consider the nature of the reported health condition along with its impact on the individual, to speak to the individual on their return if needed regarding any concerns and to seek to take any decisions/actions on a fully informed basis (e.g. obtaining medical advice if appropriate).

If there are reasonable grounds to believe that there has been dishonesty in regard to the reason that has been given for the absence, then this may be addressed as a potential disciplinary matter.

It is considered good practice for return-to-work discussions to be held on an employee’s first day back for all instances of sickness absence - whether short-term or long-term. This provides an opportunity for managers to briefly check in with staff to make sure that they are OK, to let them know they have been missed and to provide any necessary updates.

It can be a relatively swift chat (depending on the nature of the absence) or can go further as a way of informally exploring the nature of any support needed, reminding individuals of the need for regular attendance and/or highlighting any emerging concerns.

A disability is defined 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. This means that there is a need to understand the nature of the condition and the impact that it is having on the individual and their ability to attend work/undertake the responsibilities/duties of their role.

A frank conversation with the employee, an objective consideration of the requirements of the role etc, and obtaining advice from a medical professional will help to establish whether or not a condition is likely to fall under the definition of a disability.

It is ultimately a matter for an Employment Tribunal to decide if called upon to do so, but it is advisable to adopt a prudent approach by discussing and exploring the nature of any potential forms of support and/or reasonable adjustments that might be needed for anyone with an ongoing health condition or who appears to be struggling at work - regardless of whether there is an official diagnosis.

In such situations, employers have a duty of care to protect and promote the health, safety and well-being of their staff. This would mean that there is a need to take action - even without the direct cooperation of the individual - for example by taking any obvious, relevant and available “common-sense steps”, undertaking a risk assessment to identify any appropriate measures/forms of support that might be needed (making attempts to involve them), seeking to provide reassurance that their engagement with the process would enable you to respond appropriately to their needs, or that it would mean that if they do not engage/ refuse consent for a medical report, you would be obliged to make decisions based only on the information that is available to you, which might not be in their best interests.