Great New Job! although past sickness & work related stress history

SarEl

t0rt0ise wrote: »

Well that depends as well doesn't it. If the depression does count as a disability, and I didn't say it would, I said it might do, then time off for it isn't normal sick time and shouldn't be mentioned. Nobody would know if the depression counts as a disability until a tribunal decides so it's just guesswork on the part of the employer until that time, so they are most likely going to err on the side of caution.

Time off for disability is "normal" sick time, and there is no reason is law why it should not be mentioned. An employer may, in certain circumstances, decide to discount sick time resulting from a disability as a reasonable adjustment - but that is their decision and not a requirement of law. What an new employer makes of that information and how they might use it, and whether they may consider it "discountable" and whether that is fair or not, is up to a tribunal if a claim is made. But sickness is sickness - there are no special categories of sickness.

dseventy

t0rt0ise wrote: »

Well that depends as well doesn't it. If the depression does count as a disability, and I didn't say it would, I said it might do, then time off for it isn't normal sick time and shouldn't be mentioned. Nobody would know if the depression counts as a disability until a tribunal decides so it's just guesswork on the part of the employer until that time, so they are most likely going to err on the side of caution.

Come again?!

If its time off sick, its time off sick. Of course it should be mentioned.

Your advice is dangerous and giving the OP false hope, please stop!

D70

Uncertain

If the OP's solicitor did their job properly, the compromise agreement will almost certainly have an agreed reference and a clause preventing the old employer from giving out any other information.

If so, the prospective employer would have no way of confirming how much sick leave the OP had taken, or the reason for it. If they do give out such information and the OP's job offer is withdrawn then he has a clear claim against the original employer.