AIBU to think that pregnancy relate sickness should not be included in a reference

[Helpmeescape]

NC as this is extremely outing and posted here for traffic

Just wondering if anyone has any knowledge on this.

Essentially I've been in a job I've hated for few years and have been offered a really exciting new position with another organisation subject to references. I've been told by HR that all sickness from the last 2 years will be included in my reference. I've had 3 days off normal sickness and about 50 due to pregnancy related sickness (signed off, hospitalised, put on bed rest, plus self certified due to hg/pgp & bleeding). HR have said that they won't include reasons for sickness literally just the number of days on the reference.

AIBU to think that as pregnancy related sickness doesn't count towards sickness management disciplinary measures that it shouldn't be included in my reference? Any experience anyone has on this would be great appreciated.

Actually, technically speaking, there's no law against including pregnancy related sickness absence in a reference.

The law prevents employers from making decisions around redunancies or other dismissals, or disciplinary action, based on sickness absence during pregnancy on the basis that unfavourable treatment is unlawful. It doesn't prevent the sickness absence from being disclosed to prospective future employers - partly because it wouldn't necessarily be unfavourable treatment (as anyone's sickness record would be disclosed) and partly because any legal protection relating to pregnancy and maternity ends when the maternity leave does. You'd have more of an argument if you were still in the protected period though, I suppose.

In practice, most companies choose the risk averse option and don't disclose these absences, because there's still a slight risk that it could be discriminatory.

(I'm an employment solicitor and also CIPD qualified.)

Wow Fuzzy thanks so much for that explanation!

I know this is an old thread but I have just stumbled across it when researching.

i am glad I am not employed by you. @BeepBeepMOVE

Sounds like you either have not got children or you have been lucky enough to have smooth pregnancies. You obviously can’t be discriminated against if you are pregnant and are put on bed rest or have a bleed etc and there is no way of knowing if either or those things would happen to you prior to deciding to get pregnant. Also, sickness or illness in a pregnancy does not mean you aren’t a good employee.