NHS worker was permanent now fixed term, 6 years continuous service - advice please

Zoetoes

Hi

It's as complicated as the title!


I work for the NHS, in the same service since since December 2008.

I was on a permanent contract, did a year's secondment which was cut short by about 3 months, then took a temp contract within same service and resigned from the permanent post. This temp job was until August 14 but extended to 31st Jan 2015.

Now the service has been awarded to a [STRIKE]private company[/STRIKE] charity, who are taking over 1st Feb.

Does anyone know the employment law around continuous service but taking into account the changes in contracts -

a) whether I would be TUPE'd across (my contract with NHS ends the day before)

b) whether the NHS are obliged to re deploy me or make me redundant


I am in the union and have rang a solicitor today for advice but nobody seems to know the answer due to the ins and outs.


Thanks

sinizterguy

Temp contract ending - No further rights.

Takeaway_Addict

Providing you do have 6 years continuous service then you should be treated as a redundancy case after your temp contract ends and as such you will have the rights that come with redundancy (ie possible consultation, other people being put into the pile with you and the payoff)

Zoetoes

Takeaway_Addict wrote: »

Providing you do have 6 years continuous service then you should be treated as a redundancy case after your temp contract ends and as such you will have the rights that come with redundancy (ie possible consultation, other people being put into the pile with you and the payoff)

Thank you.

Should redundancy be based on the 6 years service or the current fixed term contract which is only a year?

Takeaway_Addict

Zoetoes wrote: »

Thank you.

Should redundancy be based on the 6 years service or the current fixed term contract which is only a year?

6 years, are you not a union member?

Dizzy_Ditzy

I was FT for 4 years

After two I had the same rights as substantive staff.

After 4 years my FT contract became substantive. I'd not had a break in service so it's worth checking to see if you are in fact substantive rather than FT

lavandergirl_2

https://forums.moneysavingexpert.com/discussion/4997583

Might be useful

Zoetoes

Takeaway_Addict wrote: »

6 years, are you not a union member?

That's what I thought, HR said they are looking into whether it would just be on the current contract.

Yes I'm with the union, I spoke to a rep briefly but not sure anyone's seeing past the 2 year 4 year employed laws and that I have changed contracts within the 6 years.

I accept I probably can't be TUPE'd, but feel there must be something for 6 years, otherwise what are the benefits of continuous service?

Zoetoes

queen_of_cheap wrote: »

I was FT for 4 years

After two I had the same rights as substantive staff.

After 4 years my FT contract became substantive. I'd not had a break in service so it's worth checking to see if you are in fact substantive rather than FT

Thanks.

Fixed term for 4 years makes you permanent, but mine was permanent and then fixed, so I can't get to the bottom of it! :eek:

I resigned from a permanent post to take the fixed term.

Zoetoes

lavandergirl wrote: »

https://forums.moneysavingexpert.com/discussion/4997583

Might be useful

Thanks.

Will read through now

anamenottaken

Zoetoes wrote: »

Thanks.

Fixed term for 4 years makes you permanent, but mine was permanent and then fixed, so I can't get to the bottom of it! :eek:

I resigned from a permanent post to take the fixed term.

Was there any break between the permanent and fixed term contracts? As long as any break was shorter than a week then it counts as continuous. AIUI, a week would be defined as a period including two Saturdays - so that a break of, say, 9 days beginning on a Tuesday would not meet that criterion.