Advice needed - declaring sickness to new employer

P1991

Hi, I really need some advice. I have been offered a new job however I am required to fill in a medical questionnaire which includes my absence record for the last 2 years. I have been with my company for over 5 years and had one day absence in April this year and otherwise full attendance.

However, for the past 4 weeks I have been signed off with stress due to the way I am being treated in my place of work. It is the reason I have looked for another job. I am due back on Tuesday for 4 more weeks to work my notice but I don't think I can face it. But I am really concerned what my new employer will think if I have 8 weeks off for stress. I feel like I am stuck between a rock and a hard place. My employer has twice meant to be in touch to discuss a phased return but hasn't contacted on agreed dates and is now saying they won't talk to me until after my next doctors appointment (I.E when they know if I'm coming back). Can anyone advise me on this?

sangie595

P1991 wrote: »

Hi, I really need some advice. I have been offered a new job however I am required to fill in a medical questionnaire which includes my absence record for the last 2 years. I have been with my company for over 5 years and had one day absence in April this year and otherwise full attendance.

However, for the past 4 weeks I have been signed off with stress due to the way I am being treated in my place of work. It is the reason I have looked for another job. I am due back on Tuesday for 4 more weeks to work my notice but I don't think I can face it. But I am really concerned what my new employer will think if I have 8 weeks off for stress. I feel like I am stuck between a rock and a hard place. My employer has twice meant to be in touch to discuss a phased return but hasn't contacted on agreed dates and is now saying they won't talk to me until after my next doctors appointment (I.E when they know if I'm coming back). Can anyone advise me on this?

You have no alternative other than to tell them the truth because your current employer might tell them, and then you would have eight weeks off sick and a lie to explain. I hope you haven't actually handed in your notice because you could end up with no job if the potential employer doesn't accept your explanation for the length of your sickness absence. Nobody can tell you what the new employers reaction might be, but you do need to be cautious in your approach. Complaining about how bad your employer is seldom goes down well as employers tend to think you will do the same to them when you leave; and stress has a bad reputation amongst employers, especially since it is often the last resort for employees looking to find a new job before they get disciplined or dismissed. I don't see any way around this other than telling the truth and providing a bland explanation if you are asked for the reason. Something like you have had a rather difficult period but that is now behind you and you are ready to move on - no mention of why it has been difficult. Everyone has a bad period at some time, and with luck they will simply assume this is yours.

Moneysaver199

There's some sort of law about an employer not being allowed to made a decision based on your sick leave. You could argue that it's not fair for you to be asked this before interview etc.

Another way of looking at it. They're asking about sickness/illness. Would you consider yourself ill or are you off work due to circumstances outwith your control. Will they find out - what level of detail will your employer give as a reference?

bluenoseam

Moneysaver199 wrote: »

There's some sort of law about an employer not being allowed to made a decision based on your sick leave. You could argue that it's not fair for you to be asked this before interview etc.

Another way of looking at it. They're asking about sickness/illness. Would you consider yourself ill or are you off work due to circumstances outwith your control. Will they find out - what level of detail will your employer give as a reference?

Someone can feel free to correct me if I'm wrong here, but there are certain conditions which are protected, but not all conditions are covered.

I'm not a lawyer or anything so I'm not sure if stress is covered, although if the same person who's corrected me above can clarify it'd be welcome.

makeyourdaddyproud

Whether there is a law or not is irrelevant. If you are asked about your sickness record you will have to be honest. Dressing it up and dumbing it down will simply make you look desperate. Say it how it is.

Potential hirers do not need a sickness reason not to pursue an application.

sangie595

Moneysaver199 wrote: »

There's some sort of law about an employer not being allowed to made a decision based on your sick leave. You could argue that it's not fair for you to be asked this before interview etc.

Another way of looking at it. They're asking about sickness/illness. Would you consider yourself ill or are you off work due to circumstances outwith your control. Will they find out - what level of detail will your employer give as a reference?

There is no such law, and they are not asking before interview - they are asking after a job offer is made.

The law says that an employer should not ask about medical records before an offer is made - at which point they may ask. And it is related to disability - eight weeks off for stress is not a disability. If they have concerns about employing someone with a lot of sick leave - and two months is a lot of sick leave no matter how you look at it - then they have every right to withdraw the offer.

And no, there is not another way of looking at it. What you are suggesting is lying. That is not another way of looking at it. It is telling lies to someone that you want to work for and who can (a) dismiss you for any almost reason for the next two years and (b) can sack you at any time at all if they find out you lied in the recruitment process. One does not decide whether one is ill or not - if you are ill then you are ill. If you are pretending to be ill to avoid work, that is also called lying. In this case a doctor has said the OP is ill. So they are ill. And the circumstances are not outside their control - if they are no longer ill they can return to work. If they are ill then they shouldn't if that is what the doctor advises. That is entirely within their control.

And it doesn't matter what level of detail is in a reference. Surely you are not naïve enough to think that if something isn't in a reference (and these days levels of sickness often are) then there is no way that a new employer won't find out? Lies often come home to roost, and in the OP's position you are suggesting they should spend the next few years, at least, looking over their shoulder for their lie to come out.

sangie595

bluenoseam wrote: »

Someone can feel free to correct me if I'm wrong here, but there are certain conditions which are protected, but not all conditions are covered.

I'm not a lawyer or anything so I'm not sure if stress is covered, although if the same person who's corrected me above can clarify it'd be welcome.

Stress might be covered if the condition has lasted or is likely to last at least a year, and if it has a significant impact on the ability to engage in day to day activity. This is clearly not the case here; and to be honest, it'd be very difficult to argue that work related stress which has lasted at least a year or will last at least a year, etc., would not render someone at significant risk in a workplace - all the employer has to do is say the job is often pressured and you are screwed. You can't expect any employer to want someone in their workplace who is at medical risk if they get stressed. A short period and once, and yes, it could be explained as a bad patch, but a lengthy period would certainly question capability for many roles. Having a disability doesn't mean an employer has to employ you - it means that if you have one the employer should consider whether the role can be adapted, but with work related stress it wouldn't be that easy.

Which is why a bland answer about a difficult period is generally the best strategy - a lie about the demise of a dearly loved favourite auntie and some problems adjusting is still a lie, but it is a preferable lie if the alternative is lying about sickness absence when that can easily be found out.

Takeaway_Addict

Moneysaver199 wrote: »

There's some sort of law about an employer not being allowed to made a decision based on your sick leave. You could argue that it's not fair for you to be asked this before interview etc.

Another way of looking at it. They're asking about sickness/illness. Would you consider yourself ill or are you off work due to circumstances outwith your control. Will they find out - what level of detail will your employer give as a reference?

Re-read the first line of the OP's first post.

Moneysaver199

I've probably worded my earlier response poorly, however my main thought is that the OP is off due to the way they are being treated at work. They are not necessarily ill. It's not an ideal situation but I also feel that it's unfair if perhaps they are being harassed etc (they haven't said how bad it is, however I'd think it's bad to be off for a month or two). It's probably outwith OP's control, however they are now in a sticky situation and may not be any sort of medical risk to another employer.

Only OP can decide what to do though. It's just a bit of a shame they have been asked this really.

skattykatty

If OP has accepted the offer, isn't that a contract?

Once health forms are completed, won't Occupational Health contact OP for a chat? Hopefully, understand that OP is well enough and let them get on with the new job?

Can the new employer turn around and rescind the offer after learning of health problems?

sangie595

skattykatty wrote: »

If OP has accepted the offer, isn't that a contract?

Once health forms are completed, won't Occupational Health contact OP for a chat? Hopefully, understand that OP is well enough and let them get on with the new job?

Can the new employer turn around and rescind the offer after learning of health problems?

If the offer is conditional on passing a medical, then it isn't a contract. And even if it isn't, then contracts can be terminated. Easily. So the answer is yes - a new employer can rescind an offer.