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Feminism: Sex and gender discussions

"Days of parental leave" - reference request

9 replies

mummymathsteacher · 10/05/2021 20:24

I'm hoping someone might have more knowledge about the law regarding employers asking questions related to children.

I've been sent a reference request for one of my students, and the form specifically asks me to state how many days parental leave they have taken. Is this legal?

I feel really uncomfortable with this for several reasons. Firstly, it forces someone to identify whether they have children at all. Secondly, it is likely that women are disproportionately the parents actually taking this leave. It feels like this is a way to discriminate against candidates based on their children and that this is ultimately discriminating against women.

I'm hoping I'm over thinking this because I feel really appalled by the question!

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SummerHouse · 10/05/2021 20:26

Interesting. Do they ask about sick leave as well?

Moondust001 · 10/05/2021 20:28

That's a new one on me. And yes, I would agree that it is somewhat edgy. If I was presented with a question like that I would simply leave it blank.

RandomMess · 10/05/2021 20:28

Unpaid parental leave has a legal number of days allowed and you carry it with you if you change employers so I should think it is a question they need to ask?

RandomMess · 10/05/2021 20:30

www.gov.uk/parental-leave/entitlement

YourSexNotGenderIsOnFire · 10/05/2021 20:40

This old thread may be of interest:

www.mumsnet.com/Talk/employment_issues/1730496-Discrimination-Reference-asking-about-parental-leave

stumbledin · 10/05/2021 20:40

There is no obligation, however, for employers to provide new or prospective employers with information on how much, if any, parental leave an employee has taken.

app.croneri.co.uk/topics/parental-leave/indepth

Even without this opinion (above) I would have thought you were entitled to say that you can comment on the competence of the person you have been asked to give a reference for, and should they be offered the job, then the new employer will be sent any relevant records relating to employee rights, eg number fo days sick leave, etc..

ie is the person suitably qualified to do the job. Days off having nothing to do with that.

YoBeaches · 10/05/2021 20:46

It's as @RandomMess says, it's a statutory unpaid entitlement with a cap per year and a cap up to the child's 18th birthday.

Moondust001 · 10/05/2021 20:57

@YoBeaches

It's as *@RandomMess* says, it's a statutory unpaid entitlement with a cap per year and a cap up to the child's 18th birthday.
But they do not need that information in a reference. A reference should be about capability> But I wouldn't care why they asked it - I would not respond. If they offer the individual the job, after confirming the offer they can ask HR for that information. Unless the person comes to work for them, they don't need to know the answer.
mummymathsteacher · 10/05/2021 21:01

Thank you for your help. I haven't answered it but it is irrelevant anyway for the student in question.

There are no other questions about absence summerhouse. Also, thanks for the thread link onfire

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