NHS - Made redundant - can I go to new NHS organisation as an agency temp and keep the redundancy?

merlyn217

If someone is made redundant from the NHS and straight away starts working at another NHS organisation via an agency/ umbrella company, are they entitled to keep the redundancy pay?

It would appear that their new employer would be the umbrella company rather than the NHS, but is anyone aware of any terms or clauses which would mean that this course of action would mean the redundancy payment is forfeit?

Thanks in advance for any thoughts or knowledge in this area. 

LightFlare

Are you sure its actually redundancy ?

merlyn217

LightFlare said:

Are you sure its actually redundancy ?

Thanks for asking this question.
I understand the title may have been confusing so I've edited it to make my question more clear?

Yes 100% (per letter recieved from HR).
The temp agency role is a different job in a different NHS organisation.

LightFlare

Happy days then.

Reason I asked is that it’s quite unusual for the NHS to make a person (not a role) redundant and will normally try to redeploy.

The situation is the same as if you were made redundant from Company A making widgets and immediately got a job with Company B also making widgets.

Take the money and enjoy 

tacpot12

I found this here: NHS redundancy arrangements | NHS Employers

"Section 16 (England): 16.20 of the NHS terms and conditions of service handbook states that employees are not entitled to a redundancy payment if, at the date of the termination of their contract, they have obtained without a break or with a break not exceeding four weeks, suitable alternative employment in the NHS. We therefore advise that if employees obtain suitable alternative employment within four weeks of the termination of their contract, they would not be entitled to their redundancy payment."

So you need to avoid accepting a job with any NHS employer until the date your current contract ends OR ensure that you have at least four weeks between your end date and start date.

DullGreyGuy

tacpot12 said:

I found this here: NHS redundancy arrangements | NHS Employers

"Section 16 (England): 16.20 of the NHS terms and conditions of service handbook states that employees are not entitled to a redundancy payment if, at the date of the termination of their contract, they have obtained without a break or with a break not exceeding four weeks, suitable alternative employment in the NHS. We therefore advise that if employees obtain suitable alternative employment within four weeks of the termination of their contract, they would not be entitled to their redundancy payment."

So you need to avoid accepting a job with any NHS employer until the date your current contract ends OR ensure that you have at least four weeks between your end date and start date.

But operating via an umbrella the umbrella company is your legal employer and the NHS is the client

merlyn217

tacpot12 said:

I found this here: NHS redundancy arrangements | NHS Employers

"Section 16 (England): 16.20 of the NHS terms and conditions of service handbook states that employees are not entitled to a redundancy payment if, at the date of the termination of their contract, they have obtained without a break or with a break not exceeding four weeks, suitable alternative employment in the NHS. We therefore advise that if employees obtain suitable alternative employment within four weeks of the termination of their contract, they would not be entitled to their redundancy payment."

So you need to avoid accepting a job with any NHS employer until the date your current contract ends OR ensure that you have at least four weeks between your end date and start date.

So the  question is: If I am (contractually) employed by an umbrella company to perform duties for an NHS organisation; could that be argued as 'accepting a job with any NHS employer' ?

merlyn217

Just wanted to give this post a nudge in case anyone else had any insight as to the official NHS position.

General_Grant

My experience is from a reorganisation which happened a few years ago.

As staff we said "goodbye and here's a leaving present" to someone on a Friday evening and on Monday morning he walked back through the door.  He had become employed by a firm providing services and not directly by the NHS organisation.

So as long as not an NHS employer, you should be able to keep your redundancy pay.

LightFlare

theredindian said:

It depends who owns the umbrella organisation, if you are the registered owner then no

probably all dealt with anyway as the post is nearly 3 months old

slightly odd to come back after 11 years to post on this specific old thread