The Bradford Factor can seem like an objective measure — but it is just a formula, and it has significant limitations that you can use in your defence.
The Bradford Factor Formula
$$B = S^2 \times D$$
Where:
- S = number of separate absence spells in the rolling period (usually 12 months)
- D = total days absent in those spells
Example scores:
| Absence pattern | S | D | Score |
|---|---|---|---|
| 5 separate 1-day absences | 5 | 5 | 125 |
| 1 absence of 5 days | 1 | 5 | 5 |
| 3 absences totalling 10 days | 3 | 10 | 90 |
Short, frequent absences score disproportionately high — this is deliberate, as they are more disruptive to team operations than one block absence.
Common Trigger Levels
Many employers set trigger points such as:
- 50–100 points: informal discussion
- 100–300 points: first written warning
- 300–500 points: final written warning
- 500+ points: dismissal considered
These are internal policy decisions — they have no legal force.
Disability and the Bradford Factor
The Equality Act 2010 requires employers to:
- Make reasonable adjustments for disabled employees
- Not use attendance measures that treat disabled employees less favourably without justification
If any of your absences were disability-related, ask your employer whether these were excluded from the calculation. Failure to exclude them could be discrimination.
Challenging an Unreasonable Score
In a disciplinary meeting, raise:
- Which specific absences were included and whether any were disability-related
- Whether each absence was investigated and the reason recorded
- Whether the trigger levels were communicated to you in advance
- Whether reasonable adjustments have been considered
- Your general record, conduct, and performance outside the absence issue
Challenging Bradford Factor Use
If your dismissal cites a Bradford Factor score, you can challenge both the fairness of using the Bradford Factor and how it was applied to you:
- Was the policy communicated? — employees must be clearly informed that the Bradford Factor is used and what the trigger points are. If you were not told, the policy cannot fairly be used against you
- Were absences disability-related? — if any of the absences counted in your score were caused by a disability (under the Equality Act 2010), including a disability that has caused multiple short absences, your employer may have an obligation to exclude those absences or make reasonable adjustments. Treating disability-related absence the same as non-disability absence may be disability discrimination
- Were comparators treated differently? — if others with similar scores were not dismissed, there may be grounds for unfair dismissal or discrimination
Employment tribunals have held that mechanically applying a Bradford Factor trigger without considering individual circumstances (particularly disability, pregnancy, or other protected characteristics) can make a dismissal unfair.