Contract Worker Rights

Guest101

Question:


Work for NHS, trust runs a lease car scheme.


I applied, but was rejected, due to being a contract worker.


At the time I hadn't really considered this further, but looking through the link Darksparkle posted on another thread it seems I should be entitled to the same benefits as permanent members of staff.


The trust also operates a discounted electrical scheme (bulk orders and the recovered via wages) - again was told this wasn't allowed for myself.


Just wondering what opinions are on this. (2 years employment coming up in March)

DKLS

Are you contracted to the trust and paid via them or via an agency.

My wife can access the scheme but from what she had said, temps, contractors and fixed term staff aren't eligible. Although it seems the rules vary from trust to trust.

Guest101

DKLS wrote: »

Are you contracted to the trust and paid via them or via an agency.

My wife can access the scheme but from what she had said, temps, contractors and fixed term staff aren't eligible. Although it seems the rules vary from trust to trust.

Contracted directly to the trust.


Initially I had 12 month contract, when it was confirmed I was renewed for further 24 months, I enquired about the scheme.


Was told it's minimum 36 months, but negotiated with the lease company down to 24 months.


And then it was rejected as it would take 3 months to start, therefore I'd be out of contract when it ended.


This is despite numerous 'permanent' staff leaving after 6-12 months and simply selling their lease on.

Darksparkle

Seems like different trusts have different schemes (from googling).

Might be to do with the minimum contract for leasing the car?

Guest101

Darksparkle wrote: »

Seems like different trusts have different schemes (from googling).

Might be to do with the minimum contract for leasing the car?

It would've been, but I negotiated with the company down to 24 months to align with new contract, but the person took too long deciding and took the deliver time over.

I guess the issue I have is the role will last at least until 2020, apologies should've mentioned this.

So my job still has 4 years on it, minimum. But contracts are being restrained by budgets etc.

The car leases themselves are often passed on when employees leave, so really it's no different for me.

Working for a massive trust the decision maker actually has no idea about my role, so they might think it ends in 2017, realistically there's 5 and 10 year plans.

Darksparkle

Guest101 wrote: »

It would've been, but I negotiated with the company down to 24 months to align with new contract, but the person took too long deciding and took the deliver time over.

I guess the issue I have is the role will last at least until 2020, apologies should've mentioned this.

So my job still has 4 years on it, minimum. But contracts are being restrained by budgets etc.

The car leases themselves are often passed on when employees leave, so really it's no different for me.

Working for a massive trust the decision maker actually has no idea about my role, so they might think it ends in 2017, realistically there's 5 and 10 year plans.

You need to really be asking them then why fixed term are excluded. As I said, from looking online some trusts do allow it so you employer must have made the decision somehow to exclude fixed term. If they have a legitimate reason then you may just have to accept it.

ACAS have some advice on it - http://m.acas.org.uk/index.aspx?articleid=4587

I know you say the job is there but you never know what might happen when it's fixed term.

My employer had a ton of fixed term contracts, we needed them plus more. But when they neared the 4 years to become permanent most were let go. A few months later they recruited again (although not all in same locations).

Guest101

Thanks, I just rang ACAS, they said the same thing, though they did mention that it would be reasonable to offer equivalent benefit.


the example they used was, if they offer permanent staff 12 months gym membership, but my contract expires before then, it would be reasonable to offer a 6 month membership.


Ye I know what you mean, I'm quite lucky where I am in some respects, one of the longest standing in this team. Most positions are fluid here, project based. But as overarching support, I drop into the projects as required.

Darksparkle

Guest101 wrote: »

Thanks, I just rang ACAS, they said the same thing, though they did mention that it would be reasonable to offer equivalent benefit.


the example they used was, if they offer permanent staff 12 months gym membership, but my contract expires before then, it would be reasonable to offer a 6 month membership.


Ye I know what you mean, I'm quite lucky where I am in some respects, one of the longest standing in this team. Most positions are fluid here, project based. But as overarching support, I drop into the projects as required.

Their example does make sense but I suppose it would then be down to the provider as to whether they can do that eg my work has an onsite gym which is run by my employer however if it was a membership for an external provider it would depend on the providers rules.

I'd still ask your employer to explain why the decision was made to exclude all fixed term staff.

Guest101

This seems to be the policy:





The scheme will also be unsuitable for employees who are on a fixed term contract or near to retirement age as the employee may incur an early termination penalty. The employee needs to consider the effect the salary sacrifice would have on their pension benefits.


(The provider of the scheme was happy with 24 months)

Guest101

Doesn't seem fair to me, surely I'm capable of deciding if I want to risk the penalty?

getmore4less

Guest101 wrote: »

The car leases themselves are often passed on when employees leave, so really it's no different for me.

So the obvious route is to suggest that fixed term staff get considered for those leases that need to be taken over, they will be shorter leases so may fit into the timeframes of some contracts .

Less car choice, but you might get lucky.