sick record on job reference

mandy1955

Hi, I have worked in my job for over 4 years my sick record was excellent up to the last year. This is because my daughter who is married was struck down by a rare condition called dystonia and I've had to take time off to go to the hospital for appointments and to see her when she was admitted and also due to the fact it took 9 months to get a diagnosis. All of these were approved by a manager.
She has been and still is in chronic pain 24/7 she is now looked after by her husband who has become her full time carer.
Over the last few months I've had about 45 days absence due to stress and depression and hospital appointments. HeR condition is not life threatening but her pain is constant and because in my job I work till as late as9pm I have applied for a new job with better hours.
I have had a conditional offer of employment with the new job depending on satisfactory references.
Can anyone tell me what iinformation my current employer is likely to include on my reference because I could end up leaving my current job but losing my new one after I start.
Lengthy I know so I apologise I just wanted to give details.
also, in my interview I told them about my daughter and they asked if it is likely to affect my attendance I told them no because she has a full time carer now.
Thank you

Takeaway_Addict

The reference can say whatever it wants as long as it is factually true. However, the new employer is not advised to ask for sickness as it could lead them into trouble with regards the equality act 2010.

Also, if the new employer is told about the number of sick days you have they are also not allowed to discriminate based on this and must look at reasonable adjustments to accommodate your starting work.

Just to clarify, you're not saying your manager is including trips to hospital for your daughter as sick days? If so this is highly unusual and not the norm

DKLS

More and more companies seem to be going down the route of just issuing a confirmation that you worked at the organisation between x and y dates with no additional information on sickness performance or anything else.

mandy1955

Thanks for replies. My manager allowed me time off with pay for hospital appointments etc.
However, I have had 47 days off sick due to stress and depression.
Can my employer put this on my reference?

pmduk

As already posted

Takeaway_Addict wrote: »

The reference can say whatever it wants as long as it is factually true. However, the new employer is not advised to ask for sickness as it could lead them into trouble with regards the equality act 2010.

Another_not_new_user

Takeaway_Addict wrote: »

The reference can say whatever it wants as long as it is factually true. However, the new employer is not advised to ask for sickness as it could lead them into trouble with regards the equality act 2010.

Sorry. No.


The new potential employer may not ask about sick days as part of the application and interview procedure. After that they can, and if they then go on to refuse an offer of employment due to a medical assessment they must be able to demonstrate, if challenged, that is not disability discrimination.


In my view it would not be. You are the parent of someone married. Her next of kin is her husband. So the choice to attend appointments at hospital with her was a CHOICE made by her and you. There was no right to this time off in law. So you were absent from work. Reasons are not relevant. Good or bad. You were absent. That is the end of the discussion.


Your own sickness is an entirely separate matter. IF there was evidence that this was a disability in law, there is still nothing that says that the employer cannot disclose it. But there is also nothing that says it is a disability in law.


So the answer is that if they choose to, or are asked to, they can disclose it.


I am sort of surprised that they didn't ask you anything about sickness at all up until now. Many employers do. Is there any especial reason why this worries you?

mandy1955

Hi. It only worries me because I want the job, but if I give my notice in and start the new job because it is conditional on satisfactory references I could be dismissed without notice.
My manager gave me time off with pay to attend appointments, this is not my worry, he was very good about this, but I've been off sick with depression for the first time in my life because of the worry and uncertainty over a long drawn out diagnosis and then seeing her in constant pain.
Thanks to all who replied.

Another_not_new_user

mandy1955 wrote: »

Hi. It only worries me because I want the job, but if I give my notice in and start the new job because it is conditional on satisfactory references I could be dismissed without notice.
My manager gave me time off with pay to attend appointments, this is not my worry, he was very good about this, but I've been off sick with depression for the first time in my life because of the worry and uncertainty over a long drawn out diagnosis and then seeing her in constant pain.
Thanks to all who replied.

You NEVER hand in your notice until you have an unconditional offer - although since you can easily be dismissed without cause for two years, this is only a small protection.


And I do appreciate how worrying this has all been for you, but a first incidence of depression as a result of a situation which actually is depressing is unlikely to count as a disability. Unfortunately, there are things in life that hit us hard, but there is no reason to assume that you won't get past this, and in fact everything you have said suggests that you will.


So in the end it will come down to what your employer normally does and also what the new employer asks. If asked they are likely to tell the truth. But equally, it seems like you have already given an answer to this at the interview - you have told them that your attendance is no longer an issue because she has a full time carer now. So since they have already accepted that, I would suspect that it would only become an issue if your sickness absence continued in the new job.

t0rt0ise

I have a friend who applied and got offered a job until they asked her how many days off sick she'd had in the last two years. She had been ill with asthma and lots of chest infections and told them so and they quite legally withdrew the offer. So nobody can say that all will be well. All you can do is to wait until you get an unconditional job offer before handing in your notice.

[Deleted User]

mandy1955 wrote: »

I have had a conditional offer of employment with the new job depending on satisfactory references.
Can anyone tell me what iinformation my current employer is likely to include on my reference because I could end up leaving my current job but losing my new one after I start.

In fairness a risk unfortunately a lot of people find themselves taking when weighing up treatment (no pun intended) from the current employer I suppose that makes them want to leave, I can remember being refused time off as holiday for hospital appts as was totally unpaid this year under a new employer who could later claim they knew nothing when it suited with no medical questions asked on commencement of employment so really don't know any more which is worse

Your best asking current employer outright what their reference policy is if you can? doesn't half save wondering