Refused Promotion Because of Sickness Record

[lesarmstrong]

I applied for promotion in my company but was told that because I exceeded 4 spells of sickness I would not be eligible.
My sickness was as a result of an operation on my shoulder which resulted in around 3 months of work. The operation was a one off, and complete cure. I did not even progress to interview stage because of my sick spell, Is this legal as they would not have known the sickness records of external candidates prior to interview

[dietfan]

lol just because u cant have a w@nk doesnt mean sh1t

[Ethel]

All the external job applications I have seen over the last ten years or so specifically ask how much sick leave the applicant has had over the last three years.

It is perfectly legal screening procedure

[lesarmstrong]

Theres nothing in my contract, I just thought it was unlawful to penalise someone whose been sick

[Ethel]

No, it isn't. You are confusing sickness with disability.

They are two very different things.

[lesarmstrong]

So basically, I get sick through no fault of my own, have surgery and as a consequence get denied career progression, that cannot be right!

[quizzler]

Sorry I can't help on the legal front but I do think it is very unfair as it has nothing at all to do with your ability to do the job or not.
Can you speak to your next in line and explain your thoughts or to HR and have them make a note on your file for future reference. Or simply expalin the situation and ask to be reconsidered for interview if it's not too late.
If it is too late maybe you should explain in full on future application forms so there is no missunderstanding.

Good luck

[CheekyChops]

It may not be fair but it is perfectly legal.

External candidates are usually asked on their application form about sickness and if they thought they would lie and get away with it, previous employers given as referees are asked as well so they would be found out eventually.

If the operation was a complete one off, how come you have 4 spells of sickness and not just the one?

They have to draw the line somwhere, from what you are saying, someone who had been off sick for the last 6 months - through no fault of their own :-) - could apply and get the job but then candidates who had turned up for work every day wouldn't think that was very fair!

[buildersmate]

No you had absence through no fault of your own (because you were sick) and you cannot do your job when you are absent. Absence covers many things - sickness, unpaid time off and more. Its perfectly valid. Absence may lead to warnings and eventually to dismissal.
What I think is distinctly more dodgy is pitting internal candidates against external ones. A reasonable company with enlightened HR policies towards management development would look at internal candidates first and decide if any should get the job. Only if that process fails should the post be advertised. The concept of 'we are going to benchmark you against the open market and may the best person win' is crass.

[Ethel]

When you have built up a good absence record, you will be able to apply for other promotion opportunities, either with this company or elsewhere.

Absenteeism is such a problem for employers it is a major consideration when recruiting and promoting.

Don't despair - in a year or two things will be much better for you