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  • FIRST POST
    • anamenottaken
    • By anamenottaken 4th Jan 18, 10:17 AM
    • 4,004Posts
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    anamenottaken
    internal "agency worker" - right to SSP and maternity pay
    • #1
    • 4th Jan 18, 10:17 AM
    internal "agency worker" - right to SSP and maternity pay 4th Jan 18 at 10:17 AM
    I work as a "bank" worker (eg like the internal agency operated by NHS organisations).

    The agreement I have been given to sign says that there is "no entitlement to contractual sick pay, maternity, paternity or parental leave pay or any other form of paid leave" but also that "nothing in this clause, however, will affect any right conferred by statute."

    My question - do I then have a right to SSP etc given that I work every week for this organisation and have done so for almost 18 months so far?
Page 1
    • Comms69
    • By Comms69 4th Jan 18, 10:31 AM
    • 1,797 Posts
    • 1,632 Thanks
    Comms69
    • #2
    • 4th Jan 18, 10:31 AM
    • #2
    • 4th Jan 18, 10:31 AM
    I work as a "bank" worker (eg like the internal agency operated by NHS organisations).

    The agreement I have been given to sign says that there is "no entitlement to contractual sick pay, maternity, paternity or parental leave pay or any other form of paid leave" but also that "nothing in this clause, however, will affect any right conferred by statute."

    My question - do I then have a right to SSP etc given that I work every week for this organisation and have done so for almost 18 months so far?
    Originally posted by anamenottaken


    Well no. BUT if you are working every week for 18 months, have you not raised this with them, to offer an actual contract?


    The NHS is crying out for certain staff, if you're in short supply you could easily demand it.
    • BorisThomson
    • By BorisThomson 4th Jan 18, 11:01 AM
    • 781 Posts
    • 1,388 Thanks
    BorisThomson
    • #3
    • 4th Jan 18, 11:01 AM
    • #3
    • 4th Jan 18, 11:01 AM
    Well no. BUT if you are working every week for 18 months, have you not raised this with them, to offer an actual contract?


    The NHS is crying out for certain staff, if you're in short supply you could easily demand it.
    Originally posted by Comms69
    Rubbish.

    OP if you meet the criteria for SSP then you are entitled to it. The qualifying criteria is here.

    If it's NHS Professionals they should be aware of this.
    • Comms69
    • By Comms69 4th Jan 18, 11:14 AM
    • 1,797 Posts
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    Comms69
    • #4
    • 4th Jan 18, 11:14 AM
    • #4
    • 4th Jan 18, 11:14 AM
    Rubbish.

    OP if you meet the criteria for SSP then you are entitled to it. The qualifying criteria is here.

    If it's NHS Professionals they should be aware of this.
    Originally posted by BorisThomson


    Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.
    • anamenottaken
    • By anamenottaken 4th Jan 18, 11:16 AM
    • 4,004 Posts
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    anamenottaken
    • #5
    • 4th Jan 18, 11:16 AM
    • #5
    • 4th Jan 18, 11:16 AM
    Thanks for the reply.
    Have also tried .gov.uk and it seems that, with 3 months' service, at least SSP rules should apply. (I haven't looked there yet re maternity etc.) (see https://www.gov.uk/guidance/statutory-sick-pay-how-different-employment-types-affect-what-you-pay#casual-zero-hour-contract-and-agency-workers )

    I was offered a fixed term contract but it suits me not to take it as, under the current arrangement, I can leave to take up another post without giving notice. That can be strangely liberating!

    And the employing organisation is not in the NHS but is in healthcare and operates a "bank" system. I am not in a clinical role.
    Last edited by anamenottaken; 04-01-2018 at 11:20 AM.
    • TrickyDicky101
    • By TrickyDicky101 4th Jan 18, 11:23 AM
    • 2,890 Posts
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    TrickyDicky101
    • #6
    • 4th Jan 18, 11:23 AM
    • #6
    • 4th Jan 18, 11:23 AM
    Are you in a union? Raising it with them so they can take it up [with the employer] on your behalf would seem a sensible way forward if so.
    • BorisThomson
    • By BorisThomson 4th Jan 18, 11:26 AM
    • 781 Posts
    • 1,388 Thanks
    BorisThomson
    • #7
    • 4th Jan 18, 11:26 AM
    • #7
    • 4th Jan 18, 11:26 AM
    Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.
    Originally posted by Comms69
    I can confirm the information on that page is correct - it is the OP's statutory entitlement. The government website confirms it also.

    Why are you trying to stop them getting help they are entitled to? What is your source for them not being entitled?
    • MonkeyDr
    • By MonkeyDr 5th Jan 18, 12:10 AM
    • 128 Posts
    • 162 Thanks
    MonkeyDr
    • #8
    • 5th Jan 18, 12:10 AM
    • #8
    • 5th Jan 18, 12:10 AM
    My understanding of NHSP is that you should be entitled to SSP but that there is no occupational maternity pay.

    I was doing regular bank shifts via NHSP in addition to my standard NHS post but stopped when pregnant (and feeling awful) when I realised that those earnings would not contribute to my occupational maternity pay.
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