Can the NHS alter employment conditions?

Richf

My wife has worked as a medical secretary for an NHS trust for 12 years. In her contract this is stated to be a 'grade 4' position.

She and her colleagues have just been told that:
1) Their job is to be downgraded from grade 4 to grade 3
2) The name of the job is to be changed from medical secretary to 'pathway assistant'
3) The duties of a 'pathway assistant' are identical with those of 'medical secretary
4) They will be 'encouraged' to apply for an alternative grade 4 role completely dissimilar to their present role

She has 3 years 'protected salary' as a result of having served over 10 years: the conditions of which state that it only obtains if a salary reduction happens through 'no fault of her own'.


Am I right in thinking that
a) there is no question of redundancy since the job still exists albeit by another name.
b) to force a downgrade would be a breach of contract.
c) if she were to accept the downgrade the salary protection should still stand if the alternative grade 4 role is not acceptible to her.

She is not in a union, and the union rep who was privy to the first 'consultation meeting' was about as much use as a chocolate teapot and said that 'everything is being done in the correct manner'.

How should she proceed from here?

Emmzi

see if she can join the union and pay back fees for immediate representation?

I think your assumption b) is inaccurate. they can vary terms and conditions; she can reject them but then may be unemployed.

However I am not privvy to NHS negotiated agreements. Hopefully someone who is will be along soon.

Emmzi

Richf wrote: »

She is not in a union, and the union rep who was privy to the first 'consultation meeting' was about as much use as a chocolate teapot and said that 'everything is being done in the correct manner'.

Ps have you considered the possibility that the rep was right? "Not how I would like it" does not equal "improper"

antonic

If she isnt a Union member then she is entitled to nothing from the Union and so correctly, the Union Rep told her nothing.

Richf wrote: »

My wife has worked as a medical secretary for an NHS trust for 12 years. In her contract this is stated to be a 'grade 4' position.

She and her colleagues have just been told that:
1) Their job is to be downgraded from grade 4 to grade 3
2) The name of the job is to be changed from medical secretary to 'pathway assistant'
3) The duties of a 'pathway assistant' are identical with those of 'medical secretary
4) They will be 'encouraged' to apply for an alternative grade 4 role completely dissimilar to their present role

She has 3 years 'protected salary' as a result of having served over 10 years: the conditions of which state that it only obtains if a salary reduction happens through 'no fault of her own'.


Am I right in thinking that
a) there is no question of redundancy since the job still exists albeit by another name.
b) to force a downgrade would be a breach of contract.
c) if she were to accept the downgrade the salary protection should still stand if the alternative grade 4 role is not acceptible to her.

She is not in a union, and the union rep who was privy to the first 'consultation meeting' was about as much use as a chocolate teapot and said that 'everything is being done in the correct manner'.

How should she proceed from here?

zzzLazyDaisy

Any collective agreement between the NHS and the union relates to all employees, regardless of whether the individual employee is a member of the union or not. Any change agreed with the union, will be incorporated into the T&C's of all affected employees. The NHS is highly unionised, and it is extremely unlikely that a change of this nature will have gone through without the proper consultation being carried out with the union, and it being signed off by the union.

So, my guess is that the union rep was probably right - and that everything was done properly - according to the procedures laid down in the collective agreements with the unions.

What should she do now? Join the union so at least she has a voice, and a vote in electing the union rep. There isn't much point in complaining about his lack of effectiveness, if she isn't willing to join the union or play any active part in it.

SarEl

Richf wrote: »

Am I right in thinking that
a) there is no question of redundancy since the job still exists albeit by another name. Yes you are correct
b) to force a downgrade would be a breach of contract. No, you are not correct. Jobs can be re-graded.
c) if she were to accept the downgrade the salary protection should still stand if the alternative grade 4 role is not acceptible to her. Not necessarily - unreasonably refusing an alternative role invalidates the pay protection, I believe. I do not have the relevant policies at my fingertips right now, although someone else may be able to confirm this.

She is not in a union, and the union rep who was privy to the first 'consultation meeting' was about as much use as a chocolate teapot and said that 'everything is being done in the correct manner'. And what would you like the union that she is not even a member of to do? The rep is correct - the employer is acting lawfully and within their policies.

How should she proceed from here?

There isn't much to proceed with. The employer is permitted to re-grade a role, and the three years pay protection invalidates any possible claim she could have otherwise made.

ohreally

In addition, if she is a member of a defined benefit pension scheme this may impact on pension expectations.

I'd take advice on protection of pay element.

anamenottaken

Richf wrote: »

My wife has worked as a medical secretary for an NHS trust for 12 years. In her contract this is stated to be a 'grade 4' position.

She and her colleagues have just been told that:
1) Their job is to be downgraded from grade 4 to grade 3
2) The name of the job is to be changed from medical secretary to 'pathway assistant'
3) The duties of a 'pathway assistant' are identical with those of 'medical secretary
4) They will be 'encouraged' to apply for an alternative grade 4 role completely dissimilar to their present role

This doesn't help you but I believe a lot more of this type of action is about to be taken in the NHS. For instance PAs are generally Band 5: they will find they become Band 4 with a different title. (Not "Pathway Assistant" which is a web portal as far as I know!)

Though salaries are protected for a while, it means that any new recruits into these posts are at the lowest spinal point of the lower band. The NHS has to find its £20billion (or whatever) annual savings from somewhere.

If the job descriptions are exactly the same, have the jobs been properly job evaluated? See how they compare with what is supposed to be expected of a Band 3 or Band 4 job.

elvis1

Richf, your wife should be protected by Agenda for change. They can downgrade the role but the pay should be protected otherwise they are asking to your wife to take a pay cut. This should have been agreed with the Unions and as I am a Union and NHS staff member no Union would agree staff getting lower wages. She needs to ask why they are changing the job name and band but the job discription is staying the same. There must be someone in the office who is a Union member who is in the same boat. I honestly feel this rep wasnt giving good advice. Yes they are surpose to only advise members but in this case it seems to be affecting quite a few people.

Dont sign anything until she speaks to someone, this isnt fair and it isnt right. This is why our heart has gone from the NHS, we use to love and be proud to work for it. Now it is just chip chip away until its gone.:mad:

SarEl

She is protected - for three years as determined by policy. That doesn't mean the job cannot be regraded. The Agenda for Change is about change! The protections provided were negotiated by the unions. Do you really think that the employer just put them in out of the goodness of their hearts? The collective agreements in the NHS are some of the best in the country. You may not like the fact that the NHS is facing cutbacks - neither do I - but union Rep or not the changes are real and the employer here has followed their policy to the letter. Policy agreed with the unions.

mazza1985

I've had a similar situation recently at work. I sought advice from ACAS and this is what they said:-

An employer cannot vary your terms and conditions of your contract without your consent. If your employer has written to you telling you that they are changing your terms and conditions this a proposal to change terms letter. After you have received the letter you have 2 options.

1) Do nothing and accept the changes to your contract.
2) Write to your employer and notify them that you are rejecting the proposal to vary the terms and conditions.

If you take up option 2, it is likely that your employer will give you notice to terminate your current contract, and offer you a new one with the new terms and conditions starting the following day. In this case you now have three options.

1) Let your employer terminate your contract. This is now classed as unfair dismissal and you can take your case to an employment tribunal.

2) Sign your new contract and accept the changes.

3) Sign your new contract but do so 'under protest'. If you do this you can then still go to an employment tribunal for unfair dismissal from your old contract even though you still signed your new contract. This is because your employer is breaking the law if they change your contract without your expressed permission.


Kind regards
Marie