Sickness details and application forms

pug_in_a_bed

Is it legal to ask about sickness on application forms ? I thought that the equality act made this unlawful, but not sure - that employer's are not supposed to ask until you are offered a role about how much sickness you have had and the reasons for it. I've googled but not very clear if I am barking up the wrong tree.

I just wondered if anyone could clarify this - the application form specifically asked how many instances of sickness in the last 2 years and what these were for.

Takeaway_Addict

Its not illegal but highly unrecommended by employers as they would have to be able to justify why asking if taken to a tribunal.

sangie595

Actually, in all but a few circumstances, it is unlawful to ask such questions.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/85013/employment-health-questions.pdf

Lots of employers don't realise it though. And about as many don't care. And there is little you can do about it.

pug_in_a_bed

Thank you, I feel sick to my stomach - I shouldn't have answered it. I've been off sick with depression in the last 2 years which is what I answered. I didn't get an interview, and can't help worrying this is going to affect any job I go for from now on.

pug_in_a_bed

Hello again
Sorry to raise this again, but I've been trying to get a straight answer from a number of sources including ACAS. I'm still waiting for my union to come back to me.

Would anyone be able to comment based on the questions actually asked in the application?

So as not to drip feed, I answered honestly that I had had 3 months in the last 2 years due to depression, and that I am on medication for this. I can't help but thinking I may have got an interview if I had left this section blank, or they had not asked me. I'm desperately searching for jobs as the moment and am terrified that having depression is going to stop me.

_______________________________________________________
Do you have any significant health problems which may affect the way you do this job?

 Yes No

If Yes please give details and let us know of any adjustments to the workplace you may require. ??will make reasonable adjustments to assist you.

How many times have you been absent from work due to illness in the last 2 years?

How many days have you been absent from work due to illness in the last 2 years?
Please give reasons for absences.

Are you currently receiving medical treatment?
If Yes please give details.

pug_in_a_bed

done ! What a rookie mistake lol

robatwork

You're never going to know why you didn't get an interview.

If the employer took the decision that your sickness was going to rule you out, they wouldn't tell you that in any case.

You also wouldn't qualify for much if anything by way of compensation so I suggest you just move on - you got the answer which was "No in almost every case" but your remedy would be worse than the "illness".

pug_in_a_bed

I know, I'm not looking to get anything/go anywhere - if I get a straight answer from the union I may email to make the company aware those questions are no longer legal. I've applied for lots of jobs in the last six months and none have asked any medical questions. I guess I'm concerned as I'm feeling like I'll never get another job at the moment because of this stigma I have now as having suffered with poor mental health.

Obviously I won't be working there anyway...
Sigh.

FBaby

To be fair, what they could do is offer you a conditional offer, then ask for that information from your references (and they could request the latest employer) and then retract the offer.

The outcome would be the same but with you having built your hope an expectations, or worse, having already given notice to your current employer.

sangie595

FBaby wrote: »

To be fair, what they could do is offer you a conditional offer, then ask for that information from your references (and they could request the latest employer) and then retract the offer.

The outcome would be the same but with you having built your hope an expectations, or worse, having already given notice to your current employer.

They could. But then you could take them to a tribunal and they would have to prove that the decision was not discrimination. And I hope nobody hands in their notice without a confirmed job offer!

OP this boat has sailed. In future, if asked, you leave the section blank. What they don't read they can't pay attention to and if your application is good enough for the job you'll get an interview. I know lots of people who do this and it has never been a problem. What you don't do is pick a fight about it not being a question they can ask. just don't answer it.

TBagpuss

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/85013/employment-health-questions.pdf

It's not normally permitted. Unless one of the special circumstances apply the questions should not be asked,.

As per this leaflet, you can't refer to a tribunal but you can report the company.