NHS Bank worker and rights

[Hod41]

Hi,

Looking to see if there is any one out there with a knowledge of NHS bank contracts and pregnancy.

I have been working as a bank nurse for the same trust since 2020, we have recently found out that we are pregnant and i have also just been offered a full time contract with the same trust as a nurse.

If i move from my zero hour bank contract to a permeant position would i still get SMP or would i no longer qualify as i haven't worked as a permeant member of staff for 26 weeks before the notification period?

Thanks
Dean

Would you qualify now for SMP as a bank nurse? I think with the permanent contract they would say you've not been there for 26 weeks so wouldn't qualify. But I think the only way to be sure is to contact HR and ask them

You should ask whoever acts as your employer- ? HR?

Contract

You need to ask HR/Payroll OP because as far as I know the NHS guidance is that as bank staff are not entitled to the enhanced maternity pay, it’s SMP only, and even then depending on your contract you may be classified as a “worker” not an “employee”. If you’re classified as a worker, which many bank staff are, then you will not be entitled to SMP anyway. If you’re not entitled to SMP you should be entitled to MA so there is still something.

If when you check you are entitled to SMP, then I would imagine as you are staying with the same employer but just changing role/contract then you would still be entitled to SMP if you took the new role. X