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Is it legal to ask about sickness record at interview?

17 replies

HarrogateMum · 04/03/2008 15:32

Any HR specialists out there, maybe you can help me with this one. A colleague has informed me that they ask interviewees about how much sick time they have taken off in the last year - I'm not sure this is legal but he says it is. Any ideas?

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Frizbe · 04/03/2008 15:34

Cripes, from the last time I had to deal with it all a few years ago now, it wasn't acceptable to ask at interview, however it was ok to ask on the application form?! bump from someone with more recent experience.

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HarrogateMum · 04/03/2008 15:43

I googled it but couldnt find anything!

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RibenaBerry · 04/03/2008 15:54

Yes, it's ok. You might run into discrimination issues if you decide not to offer someone a job based on sickness records alone though, because the person may have a poor sickness record as a result of a disability.

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totaleclipse · 04/03/2008 15:59

I went for an interview last year, and was asked who would have my children well I worked, and what wou;d happen if they were ill

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totaleclipse · 04/03/2008 15:59

arghhhh....while, not well

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HarrogateMum · 04/03/2008 16:16

RibenaBerry I am really surprised at that, fair enough, I will let my colleague know. Thanks all!

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RibenaBerry · 04/03/2008 20:46

Totaleclipse - that's awful. Bet they didn't ask the men that...

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canofworms · 04/03/2008 20:48

The job I'm in now I was asked at interview about sick leave - and had to admit I was on a month's sick leave at that time! Made no difference to the outcome though as I obviously got the job.

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hotbot · 04/03/2008 20:50

actually its sometimes fairer to ask about sick time, because you may be considered in spite of a poor record.eg i had 3 weeks off sick but it was entiely due to pregnancy complications, and not 21 odd days off becasue of a ahem "cold" or "stomach ache"

totaleclipse - they are defo not alllowed to ask that!

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Hulababy · 04/03/2008 20:51

Not sure TBH. I know that they can ask about it on applications and on references though, so I guess they can probably ask about it in interviews - perhaps to give you a chance to answer any queries.

I am interested thouh as I have a shocking sick leve record at the moment following two ops, sunsequent treatment and days off with pain prior to the ops. So interested to know how I may be discriminated against if I go for a new job.

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hotbot · 04/03/2008 20:54

i wouldnt discriminate hula ,, your sick leave would be reasonable due to medical condition and op included in yuor sickness

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Hulababy · 04/03/2008 20:56

I hope so

However most applications just ask for number of days off sick in the year, whih obviously looks dreadful (recently had just ver 4 months off, plus days prior to that) - and the applications never have anywhere to put downan explanation. Frustrating as my ops and treatment dhould have solved my meical condition, fingers crossed.

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hotbot · 04/03/2008 21:02

add an explanatory note for the absences...its all very transparent then

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RibenaBerry · 04/03/2008 22:15

hula - yes. Don't let lack of a space put you off. Put in on the form or in a covering letter.

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scottishmummy · 04/03/2008 22:25

Completely legal and VCommon Public sector. some employees ask you to say how many days in 1 year.

you can discuss extenuating circumstances

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scottishmummy · 04/03/2008 22:29

it wont necessarily disbar you as they have to go on interview performance checklist. May trigger Occupational Health or Health status query prior to appointment.

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branflake81 · 05/03/2008 14:27

Yes, they can ask. And they can ask your referee and in my job we had to complete a questionnaire about our health which, if we failed, meant we wouldn't get the job.

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