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Reference asking about children...

Can a reference ask about the number of children in your household and how much time you've taken off to care for them?
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Comments

  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Once you have been offered the job it is necessary to ask how much parental leave you have taken as you have a certain entitlement and it matters how much you have used. My employers sent this form out at the same time as a reference request when I was offered my job subject to references. Might this be the situation?
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • GavB79
    GavB79 Posts: 751 Forumite
    Part of the Furniture 500 Posts
    Sorry but the above is not true! It is not 'necessary' at all to ask that, and there is no 'entitlement' to parental leave. You are entitled to emergency dependant care leave, not '10 days off per year for kids being sick'. So it doesn't matter how much you've used, as there can't be a quota.
    Your company policy may be different, but that doesn't mean it applies to every employer out there. So unless by some miracle the OP works for the same company as you do...
  • SarEl
    SarEl Posts: 5,683 Forumite
    theoretica wrote: »
    Once you have been offered the job it is necessary to ask how much parental leave you have taken as you have a certain entitlement and it matters how much you have used. My employers sent this form out at the same time as a reference request when I was offered my job subject to references. Might this be the situation?

    This is very foolhardy for an employer. It would be impossible to demonstrate a need to know this information before a confirmed job offer, and difficult to argue that it did not form part of any subsequent refusal of employment. Which would, at the very least, open the employer up to an expensive discrimination claim, which they may not win. It would certainly be out of order to ask for such information in a reference. Any employer receiving such a reference should fail to answer it - and if it landed on much desk they would be in a great deal of trouble because if they refused the job, I would be representing their not quite an employee.

    These matters should be kept seperate in time and space.
  • SarEl
    SarEl Posts: 5,683 Forumite
    GavB79 wrote: »
    Sorry but the above is not true! It is not 'necessary' at all to ask that, and there is no 'entitlement' to parental leave. You are entitled to emergency dependant care leave, not '10 days off per year for kids being sick'. So it doesn't matter how much you've used, as there can't be a quota.
    Your company policy may be different, but that doesn't mean it applies to every employer out there. So unless by some miracle the OP works for the same company as you do...

    Sorry, but there is an entitlement to parental leave and it is in fact time limited. You are confusing this with dependents leave, which is different - short term and for emergencies. But I agree that asking about either at this stage is, at best, foolhardy.
  • Buellguy
    Buellguy Posts: 629 Forumite
    GavB79 wrote: »
    Sorry but the above is not true! It is not 'necessary' at all to ask that, and there is no 'entitlement' to parental leave. You are entitled to emergency dependant care leave, not '10 days off per year for kids being sick'. So it doesn't matter how much you've used, as there can't be a quota.
    Your company policy may be different, but that doesn't mean it applies to every employer out there. So unless by some miracle the OP works for the same company as you do...

    Really!!!!!!!

    Parental leave

    Not what you're looking for? ↓
    1. Part 1: Overview
    2. Part 2: Entitlement
    3. Part 3: Eligibility
    4. Part 4: Notice period
    5. Part 5: Delaying leave
    Part 2: Entitlement

    Parental leave is unpaid. The child must be under 5 (or 18 in special circumstances).
    ChildEntitlementFor each child13 weeks up to their 5th birthdayFor each adopted child13 weeks up to their 18th birthday or 5th anniversary of their adoption (whichever comes first)For each child who qualifies for Disability Living Allowance18 weeks up to their 18th birthdayThe limit on how much parental leave can be taken a year is 4 weeks (unless the employer agrees otherwise).
    Unless an employer agrees otherwise, or the child is disabled, leave should be taken in blocks of one week.
    A ‘week’ equals the length of time an employee normally works in a week.

    Took me about 10 seconds to find that
  • Buellguy
    Buellguy Posts: 629 Forumite
    SarEl wrote: »
    Sorry, but there is an entitlement to parental leave and it is in fact time limited. You are confusing this with dependents leave, which is different - short term and for emergencies. But I agree that asking about either at this stage is, at best, foolhardy.

    Beat me to it. Think OPs new employer just want to see if they've had any so they can get all their number right. Quite nice to see an employer actually on top of something like this
  • SarEl
    SarEl Posts: 5,683 Forumite
    Buellguy wrote: »
    Beat me to it. Think OPs new employer just want to see if they've had any so they can get all their number right. Quite nice to see an employer actually on top of something like this

    But that is an assumption, and entirely inappropriate to do it in any connection with the recruitment process. It would be more sensible and appropriate as part of the induction process. Employers doing it at this stage really are taking foolish risks with their bank account!
  • Buellguy
    Buellguy Posts: 629 Forumite
    edited 29 November 2012 at 8:33PM
    SarEl wrote: »
    But that is an assumption, and entirely inappropriate to do it in any connection with the recruitment process. It would be more sensible and appropriate as part of the induction process. Employers doing it at this stage really are taking foolish risks with their bank account!

    Fair point, well presented - assumption (on my part) that references asked for AFTER job offer has been made (and accepted)
  • SarEl
    SarEl Posts: 5,683 Forumite
    Buellguy wrote: »
    Fair point, well presented - assumption (on my part) that references asked for AFTER job offer has been made (and accepted)

    It would be exceptionally unusual for an unconditional offer before references. Conditional offers can be withdrawn. Thereon lies the the foolhardiness of doing it. It leaves the employer open to the accusation that a withdrawn offer was based on this information and not on a legitimate concern.
  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    SarEl wrote: »
    It would be more sensible and appropriate as part of the induction process.

    Employers could plausibly argue that they need the information from the previous employer who presumably keep accurate records as many employees wouldn't necessarily know exactly - not everyone carries figures in their head. It is also reasonable to only bother the previous employer once, rather than for the reference and again for admin details. Not ideal, but I can see why the situation would arise.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
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