Not signed contract - NHS

[megrob]

Hi

can someone tell me what this will mean for me ASAP.

I started a role wifhin nhs a few months ago. during interview hybrid working was discussed and agreed. however on starting role, the hybrid working was taken away.

i have a meeting with occy health tomorrow as i have a disabiliy under Equality Act and i am going to request as a reasonable adjusyment working from home 1 day a week. I have noticed that i have not sign my Employment Contract which was sent after they offered me the job..... can i be dismissed/sacked once they see my ocvy health report or refuse my reasonaboe adjustment request. what should i do? ask HR to send me again for me to sign asap?

You’ve been employed,paid a salary and undertaking duties. That implies you (and employer)accept the contact.

IIRC once you've been in post for a period of time without kicking up a fuss it's assumed that you have agreed to the contract.

To reassure you, these are two seperate issues
The flexible working request isn’t dependent upon a signed contract
Fact is there is an implied acceptance of contract by you. You’ve turned up ,worked and got paid

@CoffeeLipstickKeys @Greybeardy i have been in post 6-7 months. if they still refuse 1 day working from home after occy health report... and i wanted to take it further as discrimination etc, will i fail at this if no contract is signed..... or be more successful

I dont see why they should agree to a day working from home if this was not discussed at the interview. But I thought it was illegal not to give you a Contract of Employment.

The contact is a separate issue form the flexible working request
You work must consider your request but aren’t obliged to comply with request. However they must give you reasons
I will say being NHS yiu need to meet the needs of service and be flexible. Is one day week going to adversely impact service? Only you and employer know that
If you’re the only phlebotomist in the team and want to WFH that’s problematic. So it really depends on The impact of flexible working etc
You must have a notion of how the request will be received?

To reassure you most trusts are reasonable and will offer flexible working etc
You need to compile your reasons, the benefits, how you’ll manage workload etc
Occupational health can make recommendations, your employer isn’t compelled to adhere to all recommendations but they do have to explain why they decline a flexible working
Youve alluded to a medical condition/ disability get all your support documentation etc, I think hope you’ll be pleasantly surprised and that it gets resolved

As others have said, whether it's allowed is nothing to do with the contract, it's to do with impact on the business.

I have a disability and have flexible working AND reasonable adjustments. They are 2 different things- for the flexible working I needed to evidence that there would be no negative impact on the team and our patients. For the reasonable adjustments I needed to evidence that it was very hard for me to do my job safely and effextively without them.

Flexible working also is band linked where we are - those at higher bands with management responsibilities have better chances of flexible working as the role works better with it. What band are you?

You need to demonstrate how wfh is a reasonable adjustment when presumably you can be in the office the rest of time. Also how this doesn’t impact on service delivery.
OH won’t sway the managers decision.. if it’s reasonable/manageable then they are obliged to let you (HR will agree). If it impacts service delivery they won’t let you.

Youre entitled to ask… not entitled to have

YABU for calling it “occy health” 😷

thanks all

does anyone know by me not siging my employment contract 6 months ago will have a negative impact on thr outcome? is my jon safe if i was to push on the wfh 1 day a week?

Touvdont sign nhs contracts. You are given a contract with terms and conditions. You working those conditions is you accepting them, unless you stipulate, in writing, that you are working under duress and not agreeing to the terms.

You’re habitually and repeatedly asking same question, and you’ve had multiple responses,eg No
The contract is separate and has no relation upon your flexible working request

Also, what does the contract says? What does it mention as your base, and does it have a clause to say that your base can change? Normally the only thing you could demand is some notice. If you took your case to court, you would need to demonstrate that the change was disproportionate to your grade and expectations of travel.

Tou are entitled to request flexible working and/or adjustments, although I think you need to be employed a year before you can apply to the former. Your manager has to consider the Occ Health report, not agree to it. They must have a good reason to deny it, including that you can't carry out your duties to expected level working from home.

What does your union rep say?

It’s not the non signing of the contract you should be worried about - it’s that you have been there less than 2 years so your rights are less if you decide to push too hard if your request is declined. It will be easier for them to dispense with your services.

Can apply for flexible working from day 1 flexible working

Need to note you’ve been there less than 24mth employer can terminate contact easily in first 2yr

Why didn't you sign your contract

@CoffeeLipstickKeys i have 15 years nhs service with no breaks or gaps. but have been in ny new role in a new trust for 6ish months.... dies yhe termination of contract still apply?

I don’t understand how people end up with so little knowledge of employment rights.

If you haven’t signed a contract but have been working as normal, you would be deemed as affirming that contract.

If you can work from an office for four days a week, why can you not do five? It would be quite a stretch to claim discrimination on that basis!

You have a contract (offer, acceptance, consideration equals contract), it just isn’t a written one so I wouldn’t stress about that. The only difference is that verbal agreements that form part of that contract (hybrid working agreed in interview for example) are harder to prove.

Just sign and return the contract, you could attach a note to say you disagree with the place of work on a full time basis hence your application of xxx for reasonable adjustments.

did You move to a new trust? Eg a new new employer? If a new trust then yes the 2 year rule applies. Or is it a secondment
You’ll presumably get a performance review in new role.
length service matters in accruing annual leave that carries own across all trusts