Acas has published some advice on absence trigger points. The advice notes that there are no legal rules to determine these trigger points, but states that they can be an effective way to manage absence in an organisation. It stresses though that employers should be flexible and sensitive to individual circumstances.
If a review point system is used then it must be set out clearly in an absence policy. Acas warns that an employer should not use review points to automatically trigger disciplinary action for absence. It points out that if employees view the system as a way to punish them this could cause more absence. Acas also states that employees might try to come back to work too early when they're unwell to avoid reaching a review point.
When using absence review points, employers must not discriminate against employees. Acas gives the example of a disabled employee who might need to take time off work for regular medical treatment. This means that they could reach the organisation's review points more quickly, leading to action from their employer. Acas points out that being flexible with review points can help employers avoid discrimination and suggests that they could adjust review points, or decide that absence related to disability or pregnancy won't count towards review points.
