To ask if poor attendance can result in a job offer being withdrawn?

[toaskif]

My attendance at my current job is awful. I had really bad mental health last year, which resulted in a couple of absences here and there when I just couldn't work without crying, followed by finally getting signed off by the GP for 2 months, and then a phased return (so I was racking up sick days even whilst back at work whilst my days/hours increased slowly).

I've now also had another health issue, and so far have nearly been hospitalised twice because of it. I get flare-ups of symptoms, and at their worst I have to call in sick as I'm unfit to even work from home. I don't have an official diagnosis yet and am on a long waiting list for investigations, but it's likely to be a chronic condition that would be classed as a disability. I try and have as few days off as possible.

As you can tell, 2022 was just not my year... I'm really struggling at my current job and my mental health is suffering because of it. I'm desperate to leave and have a fresh start somewhere else, but I'm terrified of my attendance impacting future job offers. I've been at my current company a year and a half. My previous job was a 6 month contract and I had one day off sick in the 6 months I was there.

Yes, it can and it frequently does. It doesn't mean that it will.

I had severe HG in a job, I started in September, got pregnant in November and was unable to work at all from the start of December through to July when DD was born. I was in hospital almost every day, was in a wheelchair and had to be induced. I was offered another job in July (the month I gave birth) to start when my maternity leave ended (and the salary was double the job I'd had before). My DH struggled with my pregnancy (HG is tough) and it hit his mental health hard and he was signed off for eight weeks, as well as two weeks off for Covid (as per the rules at the time). He applied for a different job (we moved house so we both switched jobs) and he got it, despite his industry being really strict on attendance.

On a reference many employers make a statement like X had Y number of absent days out of possible Z number of days contracted. It is factual and no other comments made.

Yes number of sick days is the sort of thing previous employers are happy to provide on a reference because it's non-controversial, it's a matter of fact rather than of opinion, so there's no risk in providing this information.

Prospective employers will want to see this information so they can make an informed decision about a candidate - a person with a track record of absenteeism isn't usually desirable - so the best thing is to be up front with them and explain the reasons for your high absence levels first. It's better they find out from you at the beginning, that way you have a chance to persuade them it's not something they should worry about.

Do you think I'd be given the opportunity to explain myself before they withdraw an offer? I've since had treatment (medication and counselling) which has sorted the mental health difficulties out. The other issue I can't really do much about until I am diagnosed and treated, which will likely take 6 months+

I would actually front it out the application stage. Maybe at the first interview and then you’re seen as being utterly transparent. They cannot discriminate against you on the basis of disability. I’m not saying of course that it won’t happen. Yes I’ve seen jobs with drawn after the reference stage on a regular basis and you will never be given a written reason as to why, so youre no worse off and it could save you a lot of time.

You are often asked at the application stage. Tbh 3+ months absence out of a possible 18 is not going to look good but better if you can explain.

Your offer is likely to be subject to acceptable reference. On this basis they can withdraw.

However if you start a new job and go sick they can dismiss you within a probation period or within 2 years for any reason (?unless its discrimination)

A new job is risky if you can't afford to manage with no sick pay or ssp. Do you get pay now?

They cannot discriminate against you on the basis of disability.

But they can refuse to employ someone with a poor sickness record, disability or not.

I work in the public sector, which is often seen as being easy on sickness. That hasn't been true for a very long time, but it's getting tougher now as well. Being honest, I'd struggle to justify employing someone with a sickness record like this, and with an unknown condition in the mix, that isn't going to improve your chances. You also need to remember that your need two years employment to get almost any protection at all, so starting a new job in these circumstances is far from ideal.

For the record - and employers have different policies - with us you would be in sickness absence procedures with 8.5 days absence and/or three occasions (which could be 3 x 1 day!). With a disability, you might get 2/3 days (per year) more allowance before the procedures kick in. The sickness you have had in the last 18 months - we'd have dismissed by now. And that's in a local authority that have the reputation of being "cushy" employers! And we have just had a directive from on high, just before Christmas, to start managing out anyone with long term sickness. I'm not at all comfortable with this as a blunt instrument, but this is life now.

I'd honestly think very carefully about switching employers now when you have only 6 months to go until you get some legal protections. Unless you can foresee improved attendance, and right now that doesn't seem likely, your current employment may not be ideal, but they've been pretty decent about levels of sickness many would have dismissed already for. Gift horses, and all that? Is there any way in which you can improve your position in your current employment to make things better for you?

It’s a bit of a lottery really OP. They may not even ask about sickness, or may ask for a reference letter to be provided - in which case your employer might provide a basic reference as many HR Depts wouldn’t mention sickness at all (I know we wouldn’t).

It would be risky for them to just withdraw the offer anyway - they are still obliged to make reasonable adjustments if your condition(s) amount to a disability in law. So before withdrawing, they should seek medical advice on your current prognosis and ability to attend work, which hopefully is now much better than previously.

Ultimately they could withdraw if medical evidence suggested your attendance would not improve, but there are a few hurdles to jump first!

I can't see why you'd refuse to recruit someone who had sickness in the past for a condition that is over. For example, mental health difficulties that have been treated, or cancer which is in remission? The risk of a recurrence might be there, but none of us knows what we might have in the next 12 months.