Absence questions on application forms

bigbluepenguin

Hi folks, I'm looking for some advice!

I'm currently signed off work with stress/anxiety, much of which is related to a family bereavement and the associated ongoing inquest and civil action.

I've been using the time to search for a new job, as my current one isn't terrifically exciting and leaves me a lot of time to spend with my thoughts (which I'm sure you can appreciate isn't a good thing at the moment!).

Anyway, I've come across a few application forms where they ask you for your sickness absences from work in the last 12 months, and I'm a bit confused. From looking around on this site and others, I believe its illegal to ask about this, until an offer of a job has been made. So I was wondering what would be the best thing to do with regards to the application forms?

The way I see it, if I leave the question blank, they'll either think I'm hiding something (which I guess I am!) or that I don't pay attention when I'm filling forms in. If I fill it in honestly with 20+ days of absence they'll just file me in the bin, and lying is just a no-no, because it would be checked in my references I would imagine?

Any suggestions would be gratefully received, I'm a bit stumped here!

AP007

Email the company

I have just filled one in that asked for my NI number and date of birth so I asked if it was necessary to supply my date of birth and NI number at application stage

They repied '
If you would prefer not to complete these fields then that would be fine.'

Going4TheDream

I dont think its unusual at all to ask for absence information on an application form.....maybe things have changed but I cant remember not being asked when completing an official application in the past when I have applied for jobs, perhaps the equality act has changed at what stage they can ask this?

elsien

We used to ask but it's now come off our form and we have to wait till job offers are made till asking the question.
Might be that they're not aware of the changes, or are recycling old forms. I'm not sure how you'd deal with it though without getting people's backs up. Unless you email and politely query the necessity.

bigbluepenguin

It's a difficult one isn't it? I don't really want to annoy them before I've even sent in the application form!

I mean if I email them to ask, will they not suspect that I've got an appalling absence record? Lol, looks like I'm not going to win this one!

cockaleekee

I think they'll be more bothered that someone who claims to be off sick due to bereavement is actually job seeking - the two do not go hand in hand. Sorry to be blunt - you have to appreciate how that would look to an employer.

It is not unlawful to ask what time you have had off sick. It is unlawful to base their decision on a protected characteristic (if the sickness absence was due to disability), but that would not appear to be the reason for your absence anyway.

Tiddlywinks

cockaleekee wrote: »

I think they'll be more bothered that someone who claims to be off sick due to bereavement is actually job seeking - the two do not go hand in hand. Sorry to be blunt - you have to appreciate how that would look to an employer.

It is not unlawful to ask what time you have had off sick. It is unlawful to base their decision on a protected characteristic (if the sickness absence was due to disability), but that would not appear to be the reason for your absence anyway.

Mental health issues can be a disability and therefore a 'protected characteristic' for Equality Act.

However, I do agree that employers might be concerned that someone off ill with stress feels able to apply for and then start work with them.

zzzLazyDaisy

This is a useful link to the ban on asking questions about health and sickness absence in the early stage of recruitment

http://www.homeoffice.gov.uk/publications/equalities/equality-act-publications/equality-act-guidance/employment-health-questions?view=Binary

However in your case, it is probably going to be of limited use anyway.

Why? Because even if the application form did not contain these questions, if you are offered the job, they are then entitled to ask you to complete a pre-employment health questionnaire. If they then use the information to unlawfully discriminate against a disabled employee, for example by withdrawing the job offer, on the basis of past sickness absence record, then the disabled applicant has protection under the EA and can make a claim to a tribunal for discrimination.

But the salient point is that this is protection against unlawful discrimination on the grounds of disability. Stress and anxiety related to the death of a loved one giving rise to 20 days' absence is very unlikely to meet the criteria for 'disability' so if they chose to withdraw the offer you would have no claim against them anyway.

So maybe it is best to be honest and complete the application, explaining that this was a very unusual set of circumstances, and that prior to this you had an excellent attendance record (if this is the case).

You do have one other option. You could send a copy of the form to the Equality and Human Rights Commission, as it is unlawful to ask the question at this stage of the recruitment process, and you do not need to be disabled to make a complaint. The EHRC can then take enforcement action against the company, to ensure that they update their application forms, so that future applicants are not disadvantaged - but that isn't going to help you.