To be really angry? I've even cried

[HelenOn]

My new job, of which I'm suppose to start next week, have called to have a chat.

They wanted to ask why one of my references came back as 'Had a lot of time off sick' (not sure if old work gave dates).

I was off a lot for the majority of my time in that role (about a year) due to crippling Hyperemesis Gravidarum (HG). My spelling may be slightly off there.

Anyway, since it is completely pregnancy related, I didn't think they could mention it in a reference.

But it's been mentioned and new employer now sounds very sceptical. I tried to explain what it is and I got a very abrupt 'We know what HG is'.

I just don't know what to do I really need/want this job and feel like crying. New job have said they're speaking to HR for a chat about it.

AIBU to be really angry at old work?

At least HR is sensible. Hopefully this will be sorted soon.

So did the DBS problem come up in the same conversation

Yes

Hopefully then you really do have nothing to worry about. They would have to have followed that up.

Maybe op could confirm that the years employment wasn’t part of a qualifier for the new position - eg. new job requires three years relevant experience in a certain area which op only has if she counts the year where she was employed in that role but wasn’t actually doing the work.

I've worked for the NHS/healthcare industry since I started working. So no. But, the job I did have a lot of time off with did look very good on the application due to job title, etc.

And I did still carry out those duties, just not for very long since I was frequently off on a drip or unable to leave my own home due to inability to keep fluids down

I think the manager is getting cold feet (unjustifiably) and could be laying the groundwork for a get out clause using DBS. I would presume you can get a copy of the DBS report when it comes in so don't take their word for it if they claim the DBS is the problem.

Hopefully I am wrong about the manager's motives.

blues I think you could possibly be on to something there. She sounded very disappointed anyway, not really about the DBS, about the entire telephone conversation we had

OP I think you have to look at this from the position of you having done nothing wrong at all. The NHS is a notoriously shit employer for people who have health issues, but even so this is a clear cut case. You were off sick with a horrible pregnancy related issue. That fact is not in dispute. Nor is the fact that the previous employer had no right to mention it but even now its done, new employer should not be questioning it.

Start from there then take your query to ACAS they are great, just ring their helpline. Practically, as your DH says, if they rescind the offer then you can do all the legal stuff, write complain and sue till you are blue in the face but you still don't have that new job. So you get another one. You tell your old employer in no uncertain terms that they have fucked up and you will pursue this (even if you don't) and then look for a new job. I know that's an awful thought right now, but your DH is right, you can't have this worry hanging over you. No one knows what will happen, they could keep you for two weeks then sack you or whatever. If you have any doubts about the new employer then look for something else. And remember, you did nothing wrong.

So you think the job title might have tipped the balance between you and the other candidates, and now they’ve discovered you’ve barely done the role...
They might see your non disclosure on that point as having fraudulent intent.

This may not be relevant but if you had a good job title and responsibilities, why did you leave the job after only 1 year of which only 3 months was in actual service. Are you currently on maternity leave or did the company keep the job for you for a period of time.

What reason did you give the new employer as to why you wanted to leave.

If the job is a senior one and equivalent to your previous, as a new employer I would feel a little short changed if you were barely in it (for good reasons no doubt) and gave the impression at the interview of having more senior/management experience than you did.

You need to make a subject access request from your new employer then if they withdraw the offer of employment because of pregnancy sickness they are guilty of sex discrimination

You need this job and you have been given this job. Yanbu for being pissed off with old employer, but you go to your new job and show them that you can do the work and do it well. The proof of the pudding and all that.

When you feel settled, you write to your old employer and tell them what they did was wrong and why. Give them the full works, considering they are the NHS and should know better.

Try not to let this lose your focus. Good luck op 💐 you can do this!

blues I only left because it was too far away. Whilst on maternity leave, we moved to a different area of the country and it was 2 hours+ to get to.

That just wasn't going to work with a little one. And I was very honest about that in interview for my new job.

The people interviewing were all very friendly and open about all being mums themselves with young families, etc etc. So I felt very comfortable

But did you claim to have a years experience in the more senior role?

Yes, I see. A 2+ hour commute is not workable if you have a baby.

I am thinking it may not primarily be the HG absence that is worrying the new manager but also the lack of senior experience and the fact it was not the full one year was not brought up at interview. TheGrey may be on to something when she said that your senior experience might have tipped the balance against other candidates.

You would have to style it out and work hard to prove yourself in this new job - I am sure you would anyway. Hopefully it won't be too difficult but I would be careful about taking too many absences during probation. I am just a little cynical - when employers want to get rid of someone during probation, it is not that difficult.

Well done for ringing new emplyer’s HR team.

I fourth ringing the ACAS helpline for free impartial well-informed advice at your earliest opportunity. ‘The Acas helpline number is 0300 123 1100. It is available Monday to Friday 8am-6pm.’

In some instances, ACAS may offer to write in your behalf to the employer to clarify employment practice.

If you didn’t mention being off sick a lot during your year if doing the job with the impressive title then I’d bet the issue is that they are more worried that you don’t have the experience you say you have rather than that you were off sick.

It might have been badly worded/handled but if I offered someone a job based on their previous role/experience then I found out that they barely attended work for whatever reason I’d have to look at whether the were now the right person for the job again. Not due to sickness but because a different candidate could now have more relevant experience.

You’d have been better off mentioning this in the interview I think. Whether you legally needed to or not.

Just to clarify, it isn't a senior position. It is quite a basic role with full training given in the particular area

If you got this job based on your one year experience at the previous job that you were offered they might feel you mislead them. Did you mention your time off at all in the interview? I think that would be the biggest red flag for them, not that you were sick.

You said the job title looked very good on your application, op.
This doesn’t jibe with “basic, non senior, full training will be given”?
It definitely looks as if your claim to have a years experience in the role,when it turned out that you actually held the title only with no practical experience gained, was a deliberate misrepresentation.

There was a thread on here not long ago but from the employers side. So many posters were absolutely up in arms that it could be used to discriminate against the applicant, and that a reference would only state ‘employed from x to x date’. OP only knew the details because it was internal.

The responses were very different.

In the 3 months in the role was there time to full fill ideally repeatedly the tasks on the job description. If for instance the job title suggested that you had experience of running an AGM or writing an annual business case but you haven't because it didn't come up in the 3 months then the manager could have a case for feeling that you had the role misrepresented your skill set.

Do you think you said anything on the application form or interview that was misrepresenting? I'm guessing not. If the manager now thinks that they assumed x then that's a little tough for them.

Changes are it really was a difficult conversation for the manager to have with you. Thus it was uncomfortable for them and they were potentially clumsy. All these sorts of conversations in my experience are. HR say this has been flagged up so you have to ring but in the course of the conversation you can't say 'oh thats okay' you have to to back. So it's a bit ugh.

The manager sent you the DBS link. That's not suggestive of them thinking of withdrawing the offer.

It's not the greatest of starts but from the managers and HR perspective all actually quickly forgotten.

Try and stay positive.

Thanks again all

Hmm, without giving too much away (although I suspect I already have), my role in the job I was sick a lot in wasn't senior but looked good since it was a specific title for a department.

For example, 'Maternity Medical Secretary'.

The new job requires admin experience as a requirement, as this will be required, whilst training to do something else entirely that you get full training on. It is also NHS type based, with a definite more clinical side on completion of training.

My experience after this (I had a temp role recently, PA), and previous to this (another NHS role), is all relevant too.

If you get this role, definitely join a union. They could have helped you through this.

So.... and stretching your example.... you are worried that because you said you were a ward clerk in the maternity unit it gave you an advantage when applying for a trainer phlebotomist in maternity. You know the environment, may have worked on the same maternity IT system.

All still true after 3 months.

I'm really hoping I'm right but at the minute it's just awkward. She needed to check why you hadn't completed the DBS what the sickness absence meant etc.

She has. Fingers crossed you are in post soon.

N the roles are completely different, only similarities would be working with vulnerable/upset clients and Microsoft (their packaged specific to them are different to the ones I've used elsewhere so have no relevance etc).

Microsoft I've used everywhere