NHS End of Fixed Term Contract Advise Needed from Someone with NHS HR experience

edited 18 June 2014 at 12:06PM in Redundancy & redundancy planning
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microwaysmicroways Forumite
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edited 18 June 2014 at 12:06PM in Redundancy & redundancy planning
Hi all,

I recently posted a thread to find out if the end of a Fixed Term Contract which is not renewed due to lack of funding is classified as a redundancy.

So the update is my contract is now ended and I emailed HR to advise of possible eligibility for redundancy process which they refused as they claim that my contract was for a year only and also that I was told from the start that it will end on a particular date.

So my situation is I worked previously in the NHS for 5 years and moved to this Fixed Term Contract role with another NHS Trust without a break in service .i.e I had 5 days break in between roles . Therefore this is classified as a continuous service as per the NHS Terms and conditions section 16.4.

Which states the below

“Continuous service” means full time or part - time employment with the present or any previous NHS Employer. If with more than one NHS employer, there must not have been a break of more than a week (measured Sunday to Saturday) between employments.

In addition does the definition of redundancy below match my current situation

“where the requirements of the business for employees to carry out work of a particular kind, in the place where they were so employed, have ceased or diminished or are expected to cease or diminish".


Finally, please advise on if I have a strong case to take this to an employment tribunal.

Many thanks in advance.
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Replies

  • UndervaluedUndervalued Forumite
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    My understanding would be yes you are entitled to redundancy based on six years continuous service.

    NHS policy is irrelevant, it can't reduce your basic legal rights.

    I would suggest you post this question on redundancyforum.co.uk for a definitive answer from a retired barrister know as SarEl.
  • polgarapolgara Forumite
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    Ok - few things.

    Do you have a copy of your contract? If so, what does it say re continuity of service? If its just from the date of the FTC - did you query this?

    Are you in the Pension scheme - proving CSD via the NHSPA is the easiest way to go about things.

    I would write to the Director of HR stating the facts (taking into account all the answers to the above) and saying that you believe that this needs to be reviewed by the Remuneration Committee.
  • themull1themull1 Forumite
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    I didn't think fixed term employment was the same as full or part timers who have a permanent contract?
  • polgarapolgara Forumite
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    themull1 - its different in the NHS as we have continuity of service between organisations
  • getmore4lessgetmore4less Forumite
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    themull1 wrote: »
    I didn't think fixed term employment was the same as full or part timers who have a permanent contract?


    No difference when it comes to service related statutory rights like notice and redundancy.


    Notice is implied by the fixed term.(ie on notice from start)


    Redundancy payments due after two full years even if multiple contiguous contracts.
  • microwaysmicroways Forumite
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    polgara wrote: »
    Ok - few things.

    Do you have a copy of your contract? If so, what does it say re continuity of service? If its just from the date of the FTC - did you query this?

    Are you in the Pension scheme - proving CSD via the NHSPA is the easiest way to go about things.

    I would write to the Director of HR stating the facts (taking into account all the answers to the above) and saying that you believe that this needs to be reviewed by the Remuneration Committee.

    Hi yes I do but it does not state anything about the continuity of service . This information is in the NHS term and condition handbook which my understanding is supersedes all other local guidelines.

    Thanks
  • bll78bll78 Forumite
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    I believe they have to pay you redundancy, we're (NHS) in the middle of making redundant a FTC and as they have continuous NHS service they're eligible. However you will not be able to get a job in the NHS for 6 months without paying back the payment
  • edited 2 July 2014 at 10:58AM
    pineapple123pineapple123 Forumite
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    edited 2 July 2014 at 10:58AM
    posted twice - sorry
  • Several points did you leave your last job for a FTC job or were you seconded.
    Was there an understanding that you could resume into your previous role when the FTC ceased.
    The problem with FTC are just that esp in the NHS. funding is reviewed on a yearly bases that is why there are alot of jobs with 6-12 months contract. Never heard of anyone getting redundancy following end of FTC.
    In my experience HR will offer you other employment rather than pay redundancy.
    Are you in a union or proffessional body contact them for advice and support.
    Good luck.
  • microwaysmicroways Forumite
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    No I left my last post which was a permanent role for this FTC which was for a year.

    The FTC ran it's course and was not extended.
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