Local Authority Redundancy to NHS Modification Order

sooty&sweep

Hi
I'm currently on notice of redundancy from a Local Authority.

My redundancy letter says I won't get a redundancy payment if I'm offered a job and start upto 4 weeks after the end of my contract with another organisation covered by the modification order. It doesn't mention other employers.

I have an interview next week for a job at the Clinical Commissioning Group which is part of the NHS responsible for primary care commissioning.

I initially presumed I wouldn't be entitled to redundancy as I'd presumed that NHS would be covered by the modification order and so I would be entitled to continuous service. However I'm now not sure if they are. I've tried internet searches but there are so many amendments & there isn't a clear list that I've found.
Does anyone know if the NHS & specifically Clinical Commissioning Groups are covered by the modification order ?

Any advice appreciated.

Thanks

Jen

sangie595

They are not unless their purview falls within public health, which is now local authority led. Assuming this is CCG and nothing else (which it usually is) you would not have a problem.

Guest101

sooty&sweep wrote: »

Hi
I'm currently on notice of redundancy from a Local Authority.

My redundancy letter says I won't get a redundancy payment if I'm offered a job and start upto 4 weeks after the end of my contract with another organisation covered by the modification order. It doesn't mention other employers.

I have an interview next week for a job at the Clinical Commissioning Group which is part of the NHS responsible for primary care commissioning.

I initially presumed I wouldn't be entitled to redundancy as I'd presumed that NHS would be covered by the modification order and so I would be entitled to continuous service. However I'm now not sure if they are. I've tried internet searches but there are so many amendments & there isn't a clear list that I've found.
Does anyone know if the NHS & specifically Clinical Commissioning Groups are covered by the modification order ?

Any advice appreciated.

Thanks

Jen

Just FYI primary care is commissioned by NHS England. CCGs commission other services - acute and community.


But it would be a conflict of interest for GPs to commission their own services.

makemesumdosh

Have you spoken to your union Rep ?

sooty&sweep

Hi
Thanks Sangie595 I hoped someone would say that. Public Health here is within the local authority so not with the CCG.
My recollection from previous public sector redundancy is if you get a job offer with anyone whilst within notice period you don't get a redundancy payment.
Do you know if my recollection is correct ?
Thanks
Jen

sangie595

Voluntary redundancy or compulsory?

If compulsory and you get a job offer within the notice period = you are fine.

Voluntary - it depends on the rules of the scheme, and they are all different.

Manxman_in_exile

I would try, if possible, to delay any job offer from "anyone" until your redundancy package was agreed and confirmed. Otherwise anybody who'd ever been made redundant would lose their redundancy payment if they were subsequently employed. I don't think that's how the labour market (and economy) is meant to work. What incentive would there be for redundant workers to seek new employment?


But there may be some restrictions in the public sector on re-employing employees previously employed in that sector who've already received a redundancy payout.

sooty&sweep

Hi
Its compulsory redundancy and I am now on notice with a final date of the 25th May.
If I am offered the job & I can get the redundancy payment I will ensure the start date is after my final date.

Thanks

getmore4less

sangie595 wrote: »

Voluntary redundancy or compulsory?

If compulsory and you get a job offer within the notice period = you are fine.

Voluntary - it depends on the rules of the scheme, and they are all different.

AIUI Counter notice protection only comes within statutory notice so you have to be careful if your contractual is longer.

sangie595

getmore4less wrote: »

AIUI Counter notice protection only comes within statutory notice so you have to be careful if your contractual is longer.

If it is compulsory redundancy from a local authority, the terms are better than the legal minimum. An offer during the contractual notice period is fine (and we don't actually know whether counter notice will be required anyway) provided it isn't from an associated employer.

nimbo

I have a feeling this may be a local decision.

When I was made redundant from the NHS we were told if we got offered a job with either the NHS or the local authority within a certain timescale then this would affect our redundancy package.

Is it worthwhile calling HR or the union and getting information specific to your area?

Ps good luck ��