Career Break Approved, then not. In a pickle!

alexbellamy

Hi all,

We need a bit of advice on a current situation that my wife has found herself in regarding a career break.

I've recently been offered a 3 yr job in Canada, which I would like to accept, so my wife (having just returned from Mat leave) applied for a career break for 3 yrs from her job in the NHS. Emails from her bosses boss state that it will be looked on favorably and not to worry.

Initially, she wanted annual leave for us to take a trip to Canada 4-9 Aug and then activate the career break at the end of August. They said that due to other leave requests she could not do that, but she could start her career break on 3rd Aug.

This Monday, she was informed by her line manager that the request had been approved and her last day would be 3rd August (she has this in an email too.)

They stated that due to budget cuts etc she could not be paid her remaining leave that had accrued during mat leave and she would have to take it off over the next few weeks. They provided a selection of dates to choose from which my wife duly did and she is in the middle of using up.



However, today at work, she was told by the big boss that HR are still considering the request, that they are really sorry and there seemed to be a mis-communication and they won't know until Wednesday of the outcome from HR.

It seems that her bosses boss told her line manager that the career break was approved and to book leave without any authority to do so.

So... we are in a bit of a pickle. My wife has taken leave already based on their verbal and email 'approval,' we have given the childminder notice and have booked our tickets to Canada for the trip on 4th Aug.

Obviously if the career break is approved on Weds, we are OK. But if they reject it, we have now made irreversible commitments. Any thoughts on were we stand and what to do would be gratefully received!

Have a good weekend all!

Sambucus_Nigra

It's a 3 year break and you don't know what's going to happen in 3 years time. You may never come back.

cazziebo

I don't know that anyone in the NHS right now knows what is going to happen over the next 12 months, never mind three years....

Is she in a union?

alexbellamy

To emphasise, we know there might not be a role and she might be made redundant over the next few years. That's OK we probably won't even come back. But at least she has a shot of a job, resignation equals no chances at all.

Any views on the position of promise then cancel greatly received.

alexbellamy

Good point on the union. Will check

getmore4less

What rights do a career break give over a normal gap in NHS employment?

dseventy

There will be a leave policy at work that covers this and explains the process on how to apply and how it will be granted.

A quick google throws up NHS Harrows policy (http://www.harrow.nhs.uk/uploads/Career_Break_Oct08_rat.pdf) which states :

14.6 Where approval is given the applicant will be given a letter and will be asked
to sign it signifying acceptance of the conditions that apply (see APPENDIX 2:

Career Break Agreement).

So its not enough to have a email from her line manager to say its ok in this scenario, there needs to be a signed letter from HR.

Can you get a copy of your wifes work career break policy or leave policy?

D70

smileylondongal

It sounds as if the line manager has been caught out and HR have had to clean up the mess that is this approval. I have to say I am really surprised at the length of time of this absence having never heard of one longer than a year. In all of the organisations I've worked with (well, those who have an extended leave of absence opportunity), anything longer than a year and the person would have to resign.

I suspect, even if the NHS can give 3 year absences, that HR are a little more realistic about the issues facing the NHS right now and have been a bit fairer in realising they can't keep any role open for your wife. I think that really would be the fair approach due to what's going on.

In terms of the legal side of things, I suspect that the law would see it as a genuine mistake on the part of the employer and not uphold this, however I would get your wife to talk to HR whilst they consider the application and explain the situation to them - at the very least, you may be able to get a few more pennies out of them for being out of pocket.

Best of luck whatever happens.

alexbellamy

Thanks everyone for your responses.

The NHS policy (in our area) allows up to a 5 year career break.

With regard to the approval, the policy states:

"The manager will write to the employee within 14 days of the meeting to
confirm the outcome. The letter will either agree to the new work pattern and give a start date or provide a clear explanation as to the reason for refusal of the application."

We took the verbal + email as that confirmation.

Hey ho, you live and learn I guess!

getmore4less

alexbellamy wrote: »

Thanks everyone for your responses.

The NHS policy (in our area) allows up to a 5 year career break.

With regard to the approval, the policy states:

"The manager will write to the employee within 14 days of the meeting to
confirm the outcome. The letter will either agree to the new work pattern and give a start date or provide a clear explanation as to the reason for refusal of the application."

We took the verbal + email as that confirmation.

Hey ho, you live and learn I guess!

All the NHS policies I looked have a format letter, did you get one of those?
probably still worth a bit of a fuss over the email approval.


looking at a policy say the NNUH which allows 5 years
http://docs.google.com/viewer?a=v&q=cache:_D7lnHijHxcJ:www.nnuh.nhs.uk/viewdoc.asp%3FID%3D225%26t%3DTrustDoc+NHS+career+break&hl=en&gl=uk&pid=bl&srcid=ADGEESinrTq5OEq1-5fwNxjUlDoRAnpK9ncH7BfM9k-hqOwXpWpTHr8znkaSwCUdlUjHesC8-DIsZO7hVMwVm4YRazRmKVgcSP_Atg5B35vejur4XdaVjThAfYX5aMuZqAuzhi-x5Sc_&sig=AHIEtbSQA-PYleerkp1iFKbBLxj_h8vSbA

I guess the main benifit is continuity of employment and still counts as service towards redundancy.

smileylondongal

alexbellamy wrote: »

Thanks everyone for your responses.

The NHS policy (in our area) allows up to a 5 year career break.

With regard to the approval, the policy states:

"The manager will write to the employee within 14 days of the meeting to
confirm the outcome. The letter will either agree to the new work pattern and give a start date or provide a clear explanation as to the reason for refusal of the application."

We took the verbal + email as that confirmation.

Hey ho, you live and learn I guess!

I would have too! It's horrible you're in this situation. I would definitely get your wife to talk to HR before any final confirmations so she can better explain what's happened.

Good luck.