I’m looking for advice about the Bradford scale, my workplace apparently use it to determine whether anyone has had too much time off sick. They have decided I have gone over the threshhold but I am being graded on the same level as non disabled colleagues, surely this is discrimination and I am concerned it could escalate down the route of verbal warning etc which would be incredibly unfair. I’m hoping for some advice regarding the legal position I might have.
You can get free legal advice here - MS legal advice service | Multiple Sclerosis Society UK
2 Likes
And what, do you know, does your employer intend to do with this blunt measurement .
They have a number of choices: some serious discussion with you about how they can support you and make adjustments to accommodate your ‘disability’
The unwise choice would be for them to ignore your disability and start any disciplinary type discussions
You could take the initiative , go on the attack, and tell them you want discussions about how they will support you by making ‘reasonable’ measures to accommodate you in light of your disability ( probably best to double check this but I think MS is classed as a disability under employment laws).
1 Like
Good plan. This area of law is a minefield and there’s scope for misunderstandings of duties and obligations on both sides of the employment contract. Expert advice is definitely required.
1 Like
My employment in Scotland (an English company) used Bradford scale for staff being off work. I was well over the line for acceptable time off. However my boss wanted to understand why I was taking off work. For that, I hold a lot of respect. Unfortunately in your case it seems you don’t have the right support available to you. I would be speaking to citizens advice to help you raise a complaint against your company. As long as your reason for being off is justified- there is no reason for your company behaviour. Good luck.
I don’t think it’s quite as simple as that.
It isn’t easy unfortunately I’ve been there. I think everything to do with long term illness whilst working is down to understanding the condition. How can someone be supported if the other doesn’t understand? Or care to understand
Being an old leftie, I always made sure I was (and still am) a Union member, just in case my best interests ever needed to be represented.
Lots of dodgy employers out there looking to exploit their workers. Ok, it’s not exactly your point, but close enough.
I think that as @whammel says, have a chat with the MS Society help line. They will be used to dealing with similar situations- and have a look at the Society’s website ( see link below for an example of what they say).
When I was first diagnosed I took the initiative: telling my employer I had MS, asking for adjustments to help me do my job and explaining that there might be times when I need to rest . In the event I didn’t need the adjustments but I always made sure that they knew I was aware of the Equal Opps and similar laws and that I knew a lot more about MS then they had a chance of ever learning. My employer was actually very good but I wasn’t taking any chances
1 Like
True. The thing that bothers me is that sometimes people think that having MS renders them immune in law to the effects of absence procedures in their contract of employment and it really doesn’t.