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

Zoetoes

anamenottaken wrote: »

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.

No break at all since December 2008.

getmore4less

TO make you redundant your cuurent post would need to be disapearing and no suitable alternative.

You current possition is disapearing from the NHS because the contract is moving potentialy a TUPE, if you want that then make some enquiries about thos that got the contract.

UNles you want to stay in the NHS then try to finda suitible alternative ASAP.

Zoetoes

getmore4less wrote: »

TO make you redundant your cuurent post would need to be disapearing and no suitable alternative.

You current possition is disapearing from the NHS because the contract is moving potentialy a TUPE, if you want that then make some enquiries about thos that got the contract.

UNles you want to stay in the NHS then try to finda suitible alternative ASAP.

I am not on the TUPE list as my employment with the NHS ends the day before the TUPE takes place.

I can approach the new company directly but there are hundreds of people that they already will need to TUPE.

getmore4less

The point I am making they can only terminate your employment if the job has gone(your fixed term is not relevent for that) and if there is no alternative employment you are redundant.

Is the job transfering so existing the day after your cuurent contract ends then you should still have that job and be on the TUPE list.

If the job is not transfering why.

Zoetoes

getmore4less wrote: »

The point I am making they can only terminate your employment if the job has gone(your fixed term is not relevent for that) and if there is no alternative employment you are redundant.

Is the job transfering so existing the day after your cuurent contract ends then you should still have that job and be on the TUPE list.

Thanks.

If the job is not transfering why.

The job is not transferring, I am backfilling someone else and we are funded by GP's in our temp jobs, the funding was only agreed until 31st Jan but would have continued had we
won the bid.

So the funding will end and the person I am backfilling will return to their post, so no funding and no job there.

KiKi

Please forget the terms 'permanent' and 'fixed term' for the purposes of your employment. Without a break of employment, you are treated - because you have more than 2 years' service - as a permanent member of staff.

Takeaway_Addict is completely correct - if there is no job, and that was your substantive role, then they will have to go through the process of making you redundant, with 6 years' redundancy payments.

Whether or not they should try and re-deploy you first is down to the NHS policy, and I don't know the answer. As it's public sector, I'd be very surprised if this wasn't the case.

HOWEVER. What is interesting is that if I've understood correctly, you are backfilling on a FT basis, without a substantive role, and yet have more than 2 years' service. That's unusual. And this is where I think it gets murky from a legal perspective - because to all intents and purposes, there are now 2 employees, both with more than 2 years' of service (I presume) doing the same role. There is only one role, and 2 people. There is a very good legal argument to say that both of you should now be put through a selection for redundancy (and the reason you shouldn't recruit a FT employee to the exact same role as someone else in a perm position for more than two years).

However, whether you want to pursue that is up to you! If you're not bothered about staying in the job, then you are entitled to 6 years' redundancy payments, unless you're offered a suitable alternative role through redeployment.

HTH
KiKi

Zoetoes

KiKi wrote: »

Please forget the terms 'permanent' and 'fixed term' for the purposes of your employment. Without a break of employment, you are treated - because you have more than 2 years' service - as a permanent member of staff.

Takeaway_Addict is completely correct - if there is no job, and that was your substantive role, then they will have to go through the process of making you redundant, with 6 years' redundancy payments.

Whether or not they should try and re-deploy you first is down to the NHS policy, and I don't know the answer. As it's public sector, I'd be very surprised if this wasn't the case.

HOWEVER. What is interesting is that if I've understood correctly, you are backfilling on a FT basis, without a substantive role, and yet have more than 2 years' service. That's unusual. And this is where I think it gets murky from a legal perspective - because to all intents and purposes, there are now 2 employees, both with more than 2 years' of service (I presume) doing the same role. There is only one role, and 2 people. There is a very good legal argument to say that both of you should now be put through a selection for redundancy (and the reason you shouldn't recruit a FT employee to the exact same role as someone else in a perm position for more than two years).

However, whether you want to pursue that is up to you! If you're not bothered about staying in the job, then you are entitled to 6 years' redundancy payments, unless you're offered a suitable alternative role through redeployment.

HTH
KiKi

Thanks.

I am covering the other worker's band 5 while she is seconded into a band 6.

I have asked HR about re deployment, they didn't respond to that part but did respond to say they were looking into redundancy.

I have since emailed for an update but no reply.

If they look to re deploy me, I think they have 6 months to do so before making me redundant, I have no idea though if the 6 months can still run even though I have only 3 months left in work? That could mean up to 3 months unemployed.

I don't think HR are going to be forthcoming with any information so want to know what I'm talking about, but I don't!

Should I be pushing for answers now or am I being a bit premature with not finishing until end of Jan?

Poppy9

Your union needs to sort this out for you. While your rep might be useless they should have an employment specialist.