TUPE

pzizz15

I was transferred across from a private company to the NHS 2 years ago. I was told that the only way to get an NHS contract was to apply for my job again. I did do this, however, when I turned up for my interview they said they were worried about me (as I had recently had a bereavement) so they weren’t going to do the interview. I have never had the interview as they now say that I will need to reapply again if I want one. I have been left on worse terms and conditions than my colleagues (all of whom had their interviews), am working more hours than them all, get less annual leave (having left the NHS with 10+ year’s service prior to this and within the last 5 years I would be entitled to considerably more) and do not get paid sick pay. I have asked for a copy of my contract and they don’t have one so I can’t check my terms and conditions to see what was in my contract and what was company policy. What can I do to address this?

Jillanddy

Your previous company must have notified the new employer of your terms, because they wouldn't know what they are otherwise. That may simply have been a notification - they may not have ever seen the contract and may not have the paperwork for that. You remain on those terms unless you obtain another job within the NHS (even if it is the same job on different terms, that counts as a new job), so they are correct - you need to reapply. Have you asked them when you could reapply? It seems that would be the only way to address this - they aren't likely to go in any other direction because that would potentially set a precedent that they won't want setting. 

oh_really

zoefox565 said:

when I turned up for my interview they said they were worried about me (as I had recently had a bereavement) so they weren’t going to do the interview.

Why are they permitting you on-site if they are so concerned?

What's the purpose of the interviews, are they competitive or a box ticking formality? I think you need to get more information and speak with your staff rep about this especially if you are the only one affected and there's an impact on your terms of service from previous recognised employment. 
Are all transferees required to be qualified to hold the post?