NHS and furlough

Peter_James2

Hi, I have been working on the bank at a trust in the midlands for at least 3 years. I have worked regular hours each week (approx 30-37) in the same department doing the same clerical job. Due to the routine outpatient clinics being scaled down I have been told there is no work. The trust have not offered me any other jobs in more needy departments and there are almost no jobs posted on the bank system for me to consider. I have been told by the HR dept that the bank employment contract is not a contract and basically they can drop me without any payment. My colleagues on what they call substantive contracts are being prioritised over bank workers and have been found work elsewhere. I understand (I think) that due to my length of service in this same role (on what is essentially a zero hours contract) that I have an expectation of being given work and fall under a global umbrella contract? In which case I should be found work and/or paid. Also, given that most bank staff are women there could a case for indirect discrimination.

kaMelo

Colleagues on substantive contracts will always be given priority as they have entitlement to be paid according to their contracts, therefore the trust will find them work to do. As you rightly said a bank contract is essentially a zero hours contract, in essence there is no expectation or entitlement on either party. Shifts are not offered to anyone but published on a list as available and bank staff book the shifts from that list.  
Essentially if you want a week off you just don't book any shifts that week and the trust can't expect or force you to do any shift that week. Unfortunately that works the other way around too. 
What your HR has said is how I've always understood NHS bank contracts to work.
The only thing I would add is I'm amazed there is nothing on offer for you to do.

Over 75 % of all NHS staff are women. I don't see how giving work to those on substantive contracts over bank contracts is discriminatory (either directly or indirectly) considering the vast majority of both are women.

Peter_James2

Hi
Thanks for your comments. Essentially what I am arguing is that I do have an expectation to work. This is because I have been working the same 30+ hours per week and same work for same department for 3+ years. I do not apply for the shifts I work as they are always allocated to me by my manager. The shifts are never put on the bank job system for anyone else to book. I have never turned work down and the only time off I have is for 4 weeks holidays.

sharpe106

Then why are you working as bank staff  if you are working the same shifts each week and they are allocated to you? 

Dr_Crypto

I don't have direct experience of admin staff bank contracts but I have been a bank dr in the past. The bank contract is a 0hrs contract. There is no "mutuality of obligation" - this is quite clearly stated out in the contracts I had. You didn't have to take the shifts but they didn't have to offer you any either. If you wanted guaranteed work you should have become substantive. There is no such thing as an "expectation to work" for a 0hrs worker. 
I'm surprised there is no work to do, however. Some clinics are still running albeit virtually and need to be preped for the Drs as usual. The plan is to resume more and more virtual clinics so hopefully you will be back soon.