NHS Employment Issues

MasterDebator

Hello all. Quick background - got new job in same NHS Trust (was originally in IT) in May 2018, absolute mess of a position it turned out, project lead not taking responsibility, line manager not doing her job, lots of issues. I tried to get help and support from my line manager, nothing happening, stress levels rising. The project lead makes me a scapegoat for his failing (he's a senior consultant and he has just lost interest in the software project and all the sh*t has landed on my shoulders - he told me I had failed as I was not standing physically behind him every day making him use the software HE WANTED!!). My job is literally to just monitor the new software and train people to use it, it's a clinical system for patient safety - I have performed these duties without issue.

I was offered the chance to do a fixed term contract with a different department until end of March 2019, said YES PLEASE, then went to speak to my line manager about getting a secondment. She said should be fine and she'd sort it. Now she is telling me it's not fine, I can't have the secondment as the aforementioned consultant (who is NOT my manager) is refusing to agree to it, and if I want this fixed term job I'll have to resign. My Unison rep tells me that's 'bullsh*t' and they have to give me secondment, my line manager makes the decision and she (the rep) is suggesting I take out a grievance against them all with the evidence I provided (anxiety rising!) - the rep told me I was being bullied, but my self esteem is so low I didn't think of it that way. Everything feels horrible.

However, I have done some online research, and it seems that as I have over two years ongoing NHS employment (from May 2015) with no breaks the end of the fixed term contract counts as redundancy and my trust either have to make me redundant or find me a job. Unison rep said that's not true, but I'm pretty sure it's actually legislation?

I'm so stressed, feel so ill and am barely eating and sleeping I just want to hand my notice in, go to this new job and see what happens in five months. But I'm scared and confused. I just need some advice really. I don't want to go off sick, I've been well for a few years and the last thing I want is to go through all of that again but I feel depression creeping in.

Comms69

Ye, get a new rep. You’re correct and she is SO incorrect!

If the new job has been offered then you simply work your notice and start there.

MasterDebator

Comms69 wrote: »

Ye, get a new rep. You’re correct and she is SO incorrect!

If the new job has been offered then you simply work your notice and start there.

I thought this was the case. She's very earnest and wants me to fight them, but I just don't have the damn strength right now and to be honest, I don't want to come back to this forking place!

So just to clarify - at the end of fixed term it's either proper redundancy or redeployment, I won't be cast into the wilds with nothing (taking into account my service since 2015)?

sangie595

Nobody must give your a secondment - that is utter rubbish.

I am unclear - you have a job, so why do you think you are redundant? Certainly, if you have two years service you would be due redundancy pay or a suitable alternative (whether fixed term or not) so your union rep is wrong about that. And since I seriously doubt she's old enough to recall when that wasn't the case (i am!), then I'd suggest you get a better union rep before deciding on anything. A second opinion might be worthwhile. Sometimes honey works better with employers than sledgehammers - and alleging bullying and a grievance may be a sledgehammer!. Certainly, if your manger says no to a secondment, that isn't bullying because you have no right to the secondment.

You can resign your job and take the other one - if there is no break then you retain your continuous service. And nobody can stop you doing that. But if the other job suddenly gets withdrawn, you have gambled away your employment.

polgara

You can resign and take the fixed term contract and at the end of it the Trust should go through a process of redeployment/redundancy. Be mindful though that you'd need to engage in the redeployment process and may have to think about jobs you might not want to do. However sounds like you dislike the job that much that getting out might be the best thing

Ozzuk

I'm missing something in your post, are you on a fixed contract now and it is ending soon?

Aside from that, you aren't entitled to a secondment - your manager can block it (unless there are different rules in NHS). Especially if you are carrying out a specialist role as your manager has the headache of replacing you.

Will the other department still offer the fixed contract if you are effectively coming in new? If so, as above, maybe worth resigning (if you are certain of contact). At that point you may find your manager backs down anyway (though doubtful).

MasterDebator

Ozzuk wrote: »

I'm missing something in your post, are you on a fixed contract now and it is ending soon?

I'm in a permanent part-time role currently and will be moving into fixed term, however I have over two years continuous NHS employment which counts as one long period of employment even though I've had different jobs within that time. The fixed term is util 31 March 2019 but it'll likely be made permanent, however if it isn't I wasn't sure of my rights.

Aside from that, you aren't entitled to a secondment - your manager can block it (unless there are different rules in NHS). Especially if you are carrying out a specialist role as your manager has the headache of replacing you.

Apparently it cannot be "reasonably" refused, and there are a few people here who who can cover until a new person is brought in. My job is literally to just check the system is working, report to the developers' external IT if it isn't, and train people on the basics (with a printed guide) - what they've done is dumped the entire project onto me as the 'lead' has lost interest, and due to his position is not being challenged - the software has very little use in the department and he won't admit he made a mistake so he misled the trust about it, it's a whole big thing that he's trying to pin on me (as a low level admin!) so he doesn't have to take responsibility.

Will the other department still offer the fixed contract if you are effectively coming in new? If so, as above, maybe worth resigning (if you are certain of contact). At that point you may find your manager backs down anyway (though doubtful).

Thankfully yes. They just want me there ASAP with all my skills that I'm not using right now.

Thanks for your response!

ohreally

Your manager can veto the secondment, given your manager isn't the consultant I'm guessing pressure is being brought to bear. Sit down with your manager and find out what the real issue is and look to work around it with her assistance if possible.

I wouldn't rush to grievance at this point and get a new steward perhaps contact the branch for a second opinion from a branch officer.

sangie595

Don't you just love it when people ignore every post except the one they think they like?

OP, I have no idea who told you that a secondment can't be refused. Legally, and under NHS terms, that is utter rubbish. Maybe where you are makers are dictated to by people who know nothing. That's not the common experience though.