Can I be fired for being off sick?
The "Bradford Factor", trigger points, and disability-related absence.
Capability Dismissal
Yes, eventually. If you cannot do the job because you are never there, an employer can dismissed you on “Capability” grounds, even if the sickness is genuine and disabled-related.
The Adjustment: Higher Triggers
Before they fire you, they must make adjustments. The big one is Adjusted Trigger Points.
- Standard Policy: “Disciplinary warning after 3 sick days.”
- Adjustment: “Disciplinary warning after 10 sick days for this specific condition.”
Recording it
Ensure your manager records your absence as “Disability Related”, not just generic “Sickness”.
Unsure about your specific situation?
Use our interactive tool to check if your request is likely to be considered unreasonable.
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