Any HR on here? Do job references contain sickness/absence records?

[anonanonn]

I'm due to start a new job in a couple of weeks and they are currently requesting references from my 2 previous employers. I'm anxious about the reference from my most recent employer as my sickness absences were really high there. I was signed off sick from my GP due to poor mental health and then had a phased return over a period of 6 weeks so my attendance was really awful. I never had any warnings or disciplinaries or anything from my previous employer, and HR and my line manager were really supportive.

My previous company's reference policy was that reference requests go to HR rather than line managers, so I've given them the details for my previous employer's HR department. I know they've sent them a reference request form but haven't seen the contents of the form.

Does anyone know if it's likely that they will give my sickness/absence records? I know on ACAS it says that 'The reference should not include any absences related to:

• disability'

So would that mean they are not included?

They absolutely can include reference to your sickness/absence yes

Hardly ever - some companies still request the info but the vast majority come back with just dates of employment and job title.

Depends. I do a lot of references. Some organisations will specifically ask the question about amount of sickness in which case I answer it.

Yes, if requested.

We provide factual references which include dates of employment, sick days in the last 12 months and any disciplinary events.

You could pre-empt the reference and write/email your new employers with the information. You can state that you had a period of ill health lasting X weeks, managed by your GP and had a successful phased return to work.

Thanks all - seems I'm right to feel anxious and unsettled then!

I've just checked my employee handbook from my previous role and all it says they provide 'factual references'

This is what I'd recommend you do.
Be completely transparent about it, it will look far better if they see high absences but you've already discussed it with them.

You can explain that the absences are now under control and you have found stability.

I've given references and sometimes they do ask for absence frequency.

I thought it was illegal to ask for number of sick days in application forms now.

The last time I was asked was via the 'back door' in the equality/diversity form. I couldn't remember...

That means they might just confirm your name, start date, end date and job title. However, they might also answer specific questions if they are part of the reference so it could still include sicknesses.

You can’t give a bad reference but you can give a factual reference and you can also refuse to give a reference.

"1. HealthYou generally should not be asked about health or disability related questions either at interview stage or on an application form – including how many days’ sickness you had in your previous employment. This is unlawful under the Equality Act 2010."

If you can't ask for it at interview or on the application form, how can the new employer ask the previous employer aboout it?

Interviews-what employer's can't ask- Landau Law Solicitors

Yes, but my question was whether the new prospective employer can ask that question, seeing as they can't ask it at interview.

Of course, a previous employer can volunteer any information, but some were saying their employer gives that information WHEN ASKED.

In that case I would say it’s probably safe to assume sick/absence record will be disclosed as they do usually these days form part of a “factual reference”.

I’d agree with another poster who recommended you pre-empt it and get in touch with the prospective employer yourself to explain.

You can’t give a bad reference but you can give a factual reference

This again! You can give a bad reference as long as it's factual. It would be wrong to give a good reference that wasn't factual!

You shouldn't mention sickness but you can mention absence. My qualifications are in HR, not medicine. I'm not qualified to say if someone was sick. I can report on how many absences they have had from work.

(If someone had a high absence record but otherwise a good application, I would interview and ask why. Broken leg, couldn't get to work for 2 months- reasonable explanation. Lots of absences at random times - red alert.

I'm just wondering if anyone can advise if there is any distinction between absences related to a disability though? As I mentioned in the OP, ACAS says that absences related to a disability should not include - is this true or just 'best practice' that may not be followed by most companies? My anxiety does meets the criteria of a disability

If the employer knows about the disability, and the absence is related to that disability, then it shouldn't be included.

Have you notified your employer and requested reasonable adjustments, @anonanonn ?

You'd ask someone at interview the reason for absences in their current role? Really? I'm hoping I've misunderstood.

''@OllyBJolly

If the employer knows about the disability, and the absence is related to that disability, then it shouldn't be included.''

That is really interesting.

Is there something written to back this up/where can this be found?

Like the OP I had some weeks off work due to a long term health condition/disability which comes under protected characteristic and I want to leave my current job but I am also concerned this could come out in the reference.

It would be useful to be able to remind them they can't share that info if this is a legal requirement...

From reading ACAS, it seems as though absence related to disability should be recorded as such, so it would depend on how it's been recorded by the employer.

If no conversations have been had around "reasonable adjustments" then they might not have recorded it as such.

www.acas.org.uk/supporting-disabled-people/disability-related-absence

Why wouldn’t you ask if you knew their absence record was bad? Surely it’s better to be asked and hopefully provide a good reason than just be turned down? I’m sure no-one would willingly employ someone with high unexplained absences.

Because you can't do that until a job offer is made.

Yes they can include this.

I got asked about absences by a new employer.

I explained what had been wrong with me. The asked if if needed any adjustments. I said I didn't and that was the end of it.

@anonanonn can I ask the outcome? I’m in the same situation at the moment and very anxious

My old company ended up emailing me to say they had received a reference request from my new company, and asked for my permission for them to provide a reference just containing my job title and start and end dates.

I have since left my most recent employer, and they told me that they will also only provide job title and start and end dates in a reference because of GDPR.

@anonanonn thanks for getting back to me, though sorry to hear you’re leaving the new job. My new employer has asked for the amount of sick days and I’ve said to my current employer, I’d rather they didn’t answer this as it is sickness due a disability. I’m nervously awaiting the outcome.