Job application form asks about sick leave - how to deal with this?

Kentishnomad

Hi, I am applying for a job and the very first question after name and address is about the number of days I have been off sick in the past 18 months. My sick record over the past 12 months is fine, but prior to that I was treated for breast cancer and so was off work for the best part of a year. I know that the law changed in 2010 and this question can no longer be asked, and I suspect it may be a case of the application form not having been updated. I am happy to be honest about my sick leave and the reasons for it at the appropriate time, so I am wondering how best to answer this question as I don't want to jeopardise my chances of getting an interview.

I feel my options are to (a) answer the question honestly, (b) omit to answer it and deal with that at a later date if I get to interview, (c) state that I am happy to supply the details after interview, (d) point out that it is not a question that can be asked. Option d would flag me up as a trouble maker, option c might also raise queries, b could go against me (ie lack of attention to detail which is part of the job spec), but I feel rather strongly about taking option a when the employer is not allowed to ask this.

Any ideas about the best thing to do? Thanks!

whitewing

Work out exactly how long you were off during the 18 months prior to tomorrow. I would be incllined to answer it honestly, stating cancer or breast cancer, depemding on what you prefer them to know. But I would therefore say you were off for a year as that is more info than they've asked.

References usually ask about sick days anyway.

rach_k

I was honest when I was in a similar situation and it worked well. Perhaps put that in the last 12 months you've had X days off because your health is good but before that you were treated for cancer so had more. I wouldn't bother giving the number of days.

patman99

It may no longer be legal to ask about your health on a job application, but every one I have filled-in bar one over the last 9 months has had a health section.

Tahlullah

Most employers want to know if you have a tendency to take a lot of time off regularly. Like every Friday or every Monday. Long periods of single sickness, such as yours does not concern them as this is unlikely to happen again hopefully. But if you have a lot of colds, flu, stomach upsets etc, this would make them look unfavourably at your application.

[Deleted User]

I've often wondered what happens now an employer doesn't ask and say you out of the blue take a turn for the worst or you find you need adjustments - my current job asked no health questions so I wasn't surprised when I had no assistance whatsoever when it came to needing time to attend hospital appointments/check ups. If something asks a question you really do have an opportunity, it's way better then having a conclusion made about you

Undervalued

Kentishnomad wrote: »

I feel my options are to (a) answer the question honestly, (b) omit to answer it and deal with that at a later date if I get to interview, (c) state that I am happy to supply the details after interview, (d) point out that it is not a question that can be asked. Option d would flag me up as a trouble maker, option c might also raise queries, b could go against me (ie lack of attention to detail which is part of the job spec), but I feel rather strongly about taking option a when the employer is not allowed to ask this.

To some extent you have answered your own question here.

If you fully meet the requirements for the job but take option (b) they would be taking quite a risk if they didn't interview you.

The problem is if they then don't offer you the job it will be far from easy to prove that you were the best candidate (if indeed you were!!) and that they were discriminating unlawfully.

Is this a large employer, public sector or a smaller business? The first two at least should know better!

Pricivius

On what basis are employers not allowed to ask health-related questions? My understanding was that they cannot discriminate because of disability, and asking such questions and then not taking your application forward may leave them open to the assumption of discrimination.

mattcanary

Pricivius wrote: »

On what basis are employers not allowed to ask health-related questions? My understanding was that they cannot discriminate because of disability, and asking such questions and then not taking your application forward may leave them open to the assumption of discrimination.

I was thinking the same. I never knew employers aren't allowed to ask questions about sickness.


Time taken off work sick is not the same as having a disability, obviously.


Some people who are registered as disabled may take very little time off work sick so how is this question discriminatory?

Kentishnomad

My understanding (briefly) is that they are not allowed to ask questions about health including no. of sick days unless and until a job offer is made. (There are exceptions to this depending on the nature of the job - not applicable to me in this role.)

I meet all the criteria for the job so would hope to be interviewed. It's a smallish private school and from my experience many schools don't have a dedicated HR department & some can be less than up to date on best practice...

Takeaway_Addict

Kentishnomad wrote: »

My understanding (briefly) is that they are not allowed to ask questions about health including no. of sick days unless and until a job offer is made. (There are exceptions to this depending on the nature of the job - not applicable to me in this role.)

I meet all the criteria for the job so would hope to be interviewed. It's a smallish private school and from my experience many schools don't have a dedicated HR department & some can be less than up to date on best practice...

It's generally accepted that these type of questions are not asked but there is nothing illegal in asking these questions. The issue for the employer is to prove that these questions had no bearing on their decision as if it did they risk being taken to a tribunal.

Though realistically who is going to take them to a tribunal now? Very few people so the risk is low.