New employer and previous sick

PinkCashmere

I received a conditional offer for a job a few weeks ago dependent on DBS and references. Just had a call today from them querying my sick leave from previous job I had a lot of time off due to stress from bullying/raising a grievance etc. I am alarmed as the HR lady asked me reasons for the absences so I felt I had to give them (stress due to workplace bullying and a physical illness that I no longer suffer with).
I know it's fine for places to ask how many sick days you've had but I never expected that I would be asked the reasons for my sick leave - is this normal and should I be prepared for it in the future? It completely took me by suprise and I feel exposed. Worried the offer to be retracted now because I was too honest :wall:

ohreally

HR will tend to work on the principle that the best indicator of future behaviour is past behaviour.

PinkCashmere

That's great but I'm asking if it's normal to be asked to provide the reasons for sick leave?

elsien

Yes it's normal. It's so they can look at whether a referral to OH is required and whether or not any reasonable adjustments are relevant/necessary. Plus 10 days sickness to recover from a one off operation is different to 10 odd days for a variety of reasons. Your new employer wants to know what they're dealing with.

belisha-beacon

There's only a limited number of times when it's legal to ask about previous sick leave before an offer has been confirmed. It's unclear from what you've said whether the offer is confirmed or not, or what the circumstances of the job are.

You may wish to look at the government guidance on what can be asked and when:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/85013/employment-health-questions.pdf

sangie595

That would not be correct. The employer is not allows to ask about sickness before making an offer. The employer had made an offer. They may now ask whatever they want.

Polarbeary

Try not to worry - it's better to be honest.

My past medical history isn't the best. I've had 2 months off with stress/anxiety a few years ago, 6 weeks off with a fracture, 4 weeks off after an operation. Oh and on and off RSI!

All that's happened is occupational health have had a chat and made sure I'm okay and know how to get help.

How much time have you had off and is it just about these two issues ? Set periods of time where you have had doctors notes look better than odd days adding up.

PinkCashmere

Apologies for slow response. I had a period of 3.5 months off in one go and prior to that had maybe 6 individual instances but all sick leave was due to the extreme stress I'd been under. It was the most horrific time. After the long term sick I was back for 3.5 months without further sick before leaving (I had tried to resolve the situation).

I was offered the job over a month ago & had DBS. That's done now but they're saying they need to do checks before they can arrange a start date. No idea what else because the conditional offer was pending references & DBS which they have.

I have the reference a previous employer gave to my last employer (the place I just left) 3 years ago & they provided actual reasons for the sick leave (which were incorrect reasons too)! I don't see how it's fair that medical information is shared without my knowledge as in that instance or requested from me as in this instance. It should be confidential & now people are telling me I should've said I didn't want to disclose but it sure sounded like I had no choice.

Undervalued

PinkCashmere wrote: »

Apologies for slow response. I had a period of 3.5 months off in one go and prior to that had maybe 6 individual instances but all sick leave was due to the extreme stress I'd been under. It was the most horrific time. After the long term sick I was back for 3.5 months without further sick before leaving (I had tried to resolve the situation).

I was offered the job over a month ago & had DBS. That's done now but they're saying they need to do checks before they can arrange a start date. No idea what else because the conditional offer was pending references & DBS which they have.

I have the reference a previous employer gave to my last employer (the place I just left) 3 years ago & they provided actual reasons for the sick leave (which were incorrect reasons too)! I don't see how it's fair that medical information is shared without my knowledge as in that instance or requested from me as in this instance. It should be confidential & now people are telling me I should've said I didn't want to disclose but it sure sounded like I had no choice.

If your former employer provided inaccurate information and you suffered a loss as a result then, in theory at least, you have a claim against them.

However a new employer could (and many do) require the disclosure of medical information as a condition of getting employment. The amount of time you have taken off sick is a matter of record and again they could require that information as a condition of employment.

The fact that you say the sickness was caused by your former employer's behaviour is generally very hard to prove. If it was then, once again in theory, you have a claim against them. However even if you won such a claim it does not stop a potential future employer taking account of it in deciding whether to employ you.

I realise this is not what you want to hear but it is the hard truth.

shortcrust

I don't think you had any choice. If a prospective employee refused to give me info about a 3.5 month period of sick leave I wouldn't even consider taking them on. 3.5 months off sick is a very big deal. An employer would be crazy not to want to know the details. I have to be honest and say that I wouldn't recruit someone with a record like that regardless of the circumstances excepting an accident or injury.

sangie595

I'm sort of confused - you have a bad sickness record with your last employer due to stress and bullying. And a similarly poor sickness record with the employer before that? What has a reference from three years ago got to do with anything?