Returning after Mat leave in NHS (fixed term contract issues)

(13 Posts)
Sgtsmiths Wed 13-Aug-14 11:13:55

I'm currently on mat leave from NHS. The job I left was fixed term and ended while on mat leave. Although I was in a fixed term contract, I had over 10 yrs nhs service, and so qualified for mat leave pay.
As it was fixed term, I assumed I wouldn't have a job to go back to....although are there issues around my long term service & this meaning they've made me redundant, technically??
Also, However, old boss has now offered me a post. It is however 2 bands lower than before and she is unwilling to put me at top of this lower band. Is this right??
Thanks for any advice, it's a bit convoluted!

flowery Wed 13-Aug-14 12:01:19

At the end of a fixed term contract there are three options. Renewal of that fixed term contract, transfer to a new role with continuous service, or redundancy. With such long service you are considered as being permanent regardless of the fact that your contract is deemed to be fixed term, however in practice this makes little difference to anything as you'd be entitled to the same if you were not considered permanent.

Do they think your employment has ended and they are offering you a new job or do they think you are still employed but in no job at all at the moment?

At or near the end of your fixed term contract there should have been a process whereby they either renewed the contract, redeployed you elsewhere or made you redundant, with consultation.

Sgtsmiths Wed 13-Aug-14 14:19:26

Thank you so much! This is great & so clear.
I assume they think my employment has ended and this is an offer of a completely new job (hence on a different / lower band).
Previously, they were about to interview me to make me permanent into the role I was covering as fixed term, but I said that I was pregnant and planning on leaving at end of contact to bring up baby.

I should have said - my long service was in the nhS but with various trusts, only the last 6 month contract was with this most recent trust.

Sgtsmiths Wed 13-Aug-14 14:21:44

Apologies Flowery - one more Q - if I take the role they are offering me, should I request pay protection from the pay point I was on prior to mat leave?
The job we are discussing is the only one the dept has to offer. Thanks again

flowery Wed 13-Aug-14 14:39:07

Hang on, so your role still exists, as a permanent role? Have they appointed someone else to it even though the encumbent was on maternity leave? If it was available permanently you should have been offered it at the time. What happened there?

Sgtsmiths Wed 13-Aug-14 14:48:32

Hmm- well, they remodelled the job slightly once they knew i was going, so I wouldn't have been qualified to do all of the new job. Blimey - this sounds really bad doesn't it!!
I guess it was thought of as an opportunity once FTC ended to remodel the dept.
I do actually want to return, just trying to get back on the best terms for me.

Sgtsmiths Wed 13-Aug-14 14:49:18

Oh, and yes, they appointed someone else into the remodelled job -again as a FTC for them.

flowery Wed 13-Aug-14 15:02:46

On what basis did your employment actually end? Did you resign or did they terminate?

Sgtsmiths Wed 13-Aug-14 15:10:12

Neither really - my current status is as being on mat leave, with FTC end date as the last date of my mat leave (to enable me to get paid the mat leave pay, the FTC was extended).

flowery Wed 13-Aug-14 15:12:02

Ok so they don't think your employment has ended.

When they restructured, were you given the opportunity to apply for the altered job?

Sgtsmiths Wed 13-Aug-14 15:25:15

Apologies - they do think its ended (ie it will end at the end of my mat leave). They are just enquiring now if I'm interested in going back to work for them (on this lower band job that's just become available.
The job I was in, when it changed, they said I couldn't do it - and I agree- as the roles & responsibilities altered. I wouldn't have wanted that role to be fair.
Thanks again for this

flowery Wed 13-Aug-14 16:33:29

Ended and will end aren't the same. When the restructuring happened were you given the opportunity to apply for the new role? Were you consulted or did they just announce they were restructuring and you wouldn't be able to do the altered role?

Have you received notice of redundancy from your existing role, and are they making clear what the alternative is to taking this lower band role?

Sgtsmiths Wed 13-Aug-14 18:27:48

Thanks so much - this has made me realise there's more to this than j realised & therefore I have options & negotiating power.
I really appreciate your help. I've made an appointment to see them next week.
Thank you

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