Bradford Factor exclusions: the absences that must not count
Trigger points work until the first pregnant employee, disabled employee, or planned operation meets them. Here's which absences must never feed the score, which usually shouldn't, which are judgment calls - and how to write it all into policy before it's needed.
The Bradford Factor has no statutory basis - it's a management tool, and the law constrains what it may count. Pregnancy and maternity-related absence must never feed the score: counting it is unfavourable treatment under section 18 of the Equality Act 2010 and an automatic pregnancy discrimination risk. Disability-related absence isn't automatically exempt, but discounting or adjusting it is often a reasonable adjustment, and sensible policies exclude more still - one-off surgery, workplace injuries, anything that isn't really sickness. New to the formula itself? Start with our Bradford Factor guide, then come back for the exclusions.
Which absences must be excluded from the Bradford Factor?
One category, without exception: pregnancy and maternity-related absence. The Equality Act 2010 makes it discrimination to treat an employee unfavourably because of pregnancy-related illness during the protected period - and feeding that absence into a score that drives warnings, reviews or dismissal decisions is exactly that kind of unfavourable treatment. There's no length-of-service requirement for a discrimination claim, no qualifying period, and no cap on compensation.
Because the Bradford formula squares the number of spells, it punishes frequent short absences hardest - and pregnancy-related sickness is often exactly that: recurring short spells of morning sickness or pregnancy complications. An unedited score doesn't just include pregnancy absence; it amplifies it. That's why this exclusion has to live in the calculation itself, not in a manager's discretion at trigger time.
Does pregnancy-related sickness count towards my Bradford score?
If you're the employee: it must not, and if your employer's system is counting it, that is worth raising - politely, in writing, and early. You don't lose protection because the sickness was recorded through the normal absence process; what matters is that pregnancy-related spells are taken out before any score or trigger is applied. The absence still gets recorded (your employer needs it for SSP and health-and-safety reasons) - recorded and counted are different things.
Should disability-related absence count towards a trigger score?
This is the judgment category, and the honest answer is: usually not in full. The law doesn't say disability-related absence can never count - but the Equality Act's duty to make reasonable adjustments regularly means discounting some or all of it, extending trigger points, or taking it out of the score entirely. Applying triggers mechanically to someone whose condition causes recurring absence is one of the most common routes to a discrimination claim.
- Discounting spells clearly caused by the disability from the score.
- Raising the trigger points for that individual, so review conversations start later.
- Separating the conversations: supportive health discussions for disability-related absence, the normal process for everything else.
What counts as "reasonable" depends on the case - the size of your business, the pattern of absence, what occupational health says. Decide individually, write the reasoning down, and take advice before any formal action that rests partly on disability-related spells. If absence is long-term rather than frequent, you're likely in ill-health capability territory, which is a different process again.
Which absence types count? The full table
| Absence type | Counts? | Why |
|---|---|---|
| Short-term sickness (colds, flu, stomach bugs) | Count | The frequent-short-spell pattern the formula was designed to surface |
| Pregnancy or maternity-related absence | Never count | Equality Act 2010 s18 - automatic pregnancy discrimination risk |
| Disability-related absence | Usually exclude or adjust | Discounting or raised triggers as a reasonable adjustment; case by case |
| One-off major surgery with planned recovery | Judgment - usually exclude | One long spell, not a pattern; counting it punishes honesty about recovery |
| Appointments for a long-term condition | Usually exclude | Often disability-related; see our medical appointments guide |
| Absence from a workplace injury | Judgment - most exclude | Counting an injury your workplace caused invites grievances and claims |
| Bereavement, jury service, other authorised leave | Don't count | Not sickness - it belongs nowhere near a sickness score |
| Unauthorised absence | Not via Bradford | A conduct matter for the disciplinary procedure, not a formula |
The pattern behind the table: the Bradford Factor is good at one thing - flagging frequent, short, disruptive absence for a human conversation. Every row that isn't that pattern is a row where the score misleads.
How do I write the exclusions into our absence policy?
Exclusions that live in a manager's head aren't exclusions - they're accidents waiting for the wrong employee. Put them in the policy, in words this plain:
"We use the Bradford Factor to help spot patterns of frequent short-term absence. Trigger points are [51 / 201 / 401]. The following absences are never counted towards the score: pregnancy or maternity-related absence, and authorised leave of any kind (bereavement, jury service, appointments agreed in advance). Disability-related absence is reviewed individually: we will discount spells, adjust trigger points, or both, where that is a reasonable adjustment, and we will discuss this with you rather than assume. Reaching a trigger point starts a supportive conversation - it is not a warning, and no formal action is ever taken on the score alone."
Two habits make the wording real. First, record the reason category at the point the absence is logged - retro-fitting "was that spell pregnancy-related?" months later is how counting errors happen. Second, make the trigger meeting genuinely supportive: a return-to-work conversation after every absence catches most problems before any score does.
Does the Bradford Factor have any legal status?
None. No statute mentions it, no tribunal requires it, and a score is never - by itself - a fair reason for warnings or dismissal. It's a smoke detector, not a judge: useful for telling you where to look, dangerous the moment it starts making decisions. If a trigger conversation reveals a real conduct issue, that goes through a fair disciplinary procedure; if it reveals ill health, you're in capability territory with extra care required. Either way, the score's job ended when it started the conversation.
How CoDash handles exclusions
CoDash calculates Bradford scores automatically from your absence records - with exclusion handling built into the calculation, not bolted on. Pregnancy and maternity-related absence stays out of the score, excluded categories are configurable to match your policy, and trigger alerts prompt a supportive conversation with the paper trail kept for you. See time off in CoDash.
Is there an alternative to excluding the absence?
Yes, and it is often the better answer. Instead of removing disability-related absence from the score entirely, many employers raise the threshold for that individual as a reasonable adjustment - so the person is still measured, but against a line that reflects their circumstances.
| Exclude the absence | Adjust the threshold | |
|---|---|---|
| What happens | those days and spells never enter the score | everything counts, but review starts at a higher number |
| Works well when | absence is clearly attributable and episodic | the condition affects attendance broadly and continuously |
| Watch out for | deciding what counts as "related" without medical input | setting the new figure arbitrarily - write down the reasoning |
Either can be a reasonable adjustment. What matters is that you considered it, decided it with the individual, and recorded why - see when to refer to occupational health if you need medical advice to make that call.
What about weekends, bank holidays and half days?
- Only count days the person was rostered to work. Counting calendar days sweeps weekends into a spell and quietly penalises part-timers, whose non-working days would inflate every absence.
- A half day is 0.5 of a day but still one whole spell - the spell count measures how often someone was absent, not for how long.
- Annual leave and statutory leave are not absence. Neither is time off for dependants under section 57A of the Employment Rights Act 1996, which is a statutory right in its own name.
- Voluntary overtime days not worked are not absence either, however tempting the arithmetic.
Get any of these wrong and the score stops describing attendance and starts describing your recording method. The Bradford Factor calculator lets you strip out both the excluded days and the spells they belonged to - which matters, because the spell count is squared.
Frequently asked questions
Does pregnancy-related sickness count towards a Bradford Factor score?
No - never. Counting it is unfavourable treatment under section 18 of the Equality Act 2010 and an automatic pregnancy discrimination risk, with no qualifying period and no cap on compensation. Record the absence; keep it out of the score.
Should disability-related absence count towards the score?
Usually not in full. It isn't automatically excluded by law, but discounting spells or raising trigger points is often a reasonable adjustment under the Equality Act 2010. Decide case by case and record the reasoning.
Is the Bradford Factor a legal requirement?
No. It has no statutory basis - it's purely a management tool, and no score justifies formal action by itself. The Equality Act 2010 is the law that constrains how it may be used.
Which absences should policy exclude from triggers?
Must: pregnancy and maternity-related absence. Usually: disability-related absence and long-term-condition appointments. Typically: one-off major surgery, workplace injuries, and anything that isn't sickness at all. Unauthorised absence goes through the disciplinary route instead.
How should exclusions appear in the policy?
Explicitly: name the score and triggers, list what never counts, state that disability-related absence is reviewed individually with adjustments considered, and confirm that triggers start conversations - never formal action on their own.
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A score that knows what not to count
CoDash calculates Bradford Factor scores with exclusion handling built in - pregnancy-related absence never counts, policy exclusions are configurable, and triggers prompt supportive conversations with the record kept. Try it in the demo.
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