In need of advice regarding sick leave

[everysilverliningandallthat]

Hi all,
I’ve been offered a job and as part of the application process they’ve asked for my sickness record, plus asked if work has ever made me unwell. My sickness record is pretty dismal, I had 6 months off this year due to a mental health breakdown which was exacerbated by work. My question is, do I legally have to declare all of this? My current employer doesn’t share sickness record on their reference.
thanks in advance for any help :-)

It’s in your best interest to declare it. Mental health conditions shouldn’t be discriminated against & are classed as a disability in my workplace. So staff are treated with compassion & supported.

If you don't declare it, you leave yourself open to dismissal if it comes to light. Your employer can ask for permission to view your medical records - you wouldn't have to give permission, but this would open up the question as to why you'd refused.

Although it would be possibly illegal to discriminate on basis of MH diagnosis (classed as a disability?) there's nothing to stop them doing it.

So I wouldn't tell them, no.

It's a tricky one because we all know MH issues can go against you.
The problem if you don't declare when asked is that some employers such as police, nhs specifically say if it comes to light afterwards that you lied on the form it can lead to dismissal.
So it really depends who the employer is and whether it's worth the gamble.

If you declare its likely you will be referred to their Occ Health for full discussion and assessment of your medical condition. They really just want to see what treatment you've had, what steps you take to manage your condition, whether this is likely to be an ongoing issue and any reasonable adjustment you may require.

It’s not unlawful to dismiss if you lied.

Yes it is possibly illegal. It is definitely possible to dismiss someone for lying. If the OP has been asked about their sickness record and says they haven't got one, when it comes to light they won't be dismissed for their health - it will be for lying.

OP, if you went via an agency, have an off the record conversation with the recruitment agent if you can.

Otherwise, are you a member of a relevant union (the sort that covers a range of relevant workplaces like your current and future employer)? You might be able to discuss it with them.