internal "agency worker" - right to SSP and maternity pay

anamenottaken

I work as a "bank" worker (eg like the internal agency operated by NHS organisations).

The agreement I have been given to sign says that there is "no entitlement to contractual sick pay, maternity, paternity or parental leave pay or any other form of paid leave" but also that "nothing in this clause, however, will affect any right conferred by statute."

My question - do I then have a right to SSP etc given that I work every week for this organisation and have done so for almost 18 months so far?

Comms69

anamenottaken wrote: »

I work as a "bank" worker (eg like the internal agency operated by NHS organisations).

The agreement I have been given to sign says that there is "no entitlement to contractual sick pay, maternity, paternity or parental leave pay or any other form of paid leave" but also that "nothing in this clause, however, will affect any right conferred by statute."

My question - do I then have a right to SSP etc given that I work every week for this organisation and have done so for almost 18 months so far?

Well no. BUT if you are working every week for 18 months, have you not raised this with them, to offer an actual contract?


The NHS is crying out for certain staff, if you're in short supply you could easily demand it.

BorisThomson

Comms69 wrote: »

Well no. BUT if you are working every week for 18 months, have you not raised this with them, to offer an actual contract?


The NHS is crying out for certain staff, if you're in short supply you could easily demand it.

Rubbish.

OP if you meet the criteria for SSP then you are entitled to it. The qualifying criteria is here.

If it's NHS Professionals they should be aware of this.

Comms69

BorisThomson wrote: »

Rubbish.

OP if you meet the criteria for SSP then you are entitled to it. The qualifying criteria is here.

If it's NHS Professionals they should be aware of this.

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.

anamenottaken

Thanks for the reply.
Have also tried .gov.uk and it seems that, with 3 months' service, at least SSP rules should apply. (I haven't looked there yet re maternity etc.) (see https://www.gov.uk/guidance/statutory-sick-pay-how-different-employment-types-affect-what-you-pay#casual-zero-hour-contract-and-agency-workers )

I was offered a fixed term contract but it suits me not to take it as, under the current arrangement, I can leave to take up another post without giving notice. That can be strangely liberating!

And the employing organisation is not in the NHS but is in healthcare and operates a "bank" system. I am not in a clinical role.

TrickyDicky101

Are you in a union? Raising it with them so they can take it up [with the employer] on your behalf would seem a sensible way forward if so.

BorisThomson

Comms69 wrote: »

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.

I can confirm the information on that page is correct - it is the OP's statutory entitlement. The government website confirms it also.

Why are you trying to stop them getting help they are entitled to? What is your source for them not being entitled?

MonkeyDr

My understanding of NHSP is that you should be entitled to SSP but that there is no occupational maternity pay.

I was doing regular bank shifts via NHSP in addition to my standard NHS post but stopped when pregnant (and feeling awful) when I realised that those earnings would not contribute to my occupational maternity pay.