NHS - Continuity of Service

[tribpot]

Hi there,

Asking for a friend who works for an NHS Trust.

She has taken a career break. Final shift was 30th September 2009, with October 1 and 2 her designated days off for that week. It would appear, therefore, that her career break started on 3rd October.

This year 3rd October is a Sunday and she cannot get a straight answer about whether, if she doesn't start til 4th October, that won't count as continuous service. (Although she was on shiftwork I think it's not really practical for her to come back in on a Sunday).

I've suggested she just protect herself and offer to come in the week before. The AfC handbook just says "12 months or less"

Coming back a week early sounds like a good idea to me.

Surely her line manager or someone in HR could confirm things for her?

Has spoken to HR?

Thanks both, she has spoken to both line manager and HR (over a number of months) and they are unable to shed any light on this!

Isn't it covered under Section 36 of your linked document?

36.9, 36.10

Somebody must have signed some paperwork for this last year so that could be a starting point.

Can't she just send an email to HR copying her line manager requesting that they specify what is the latest date she can return and keep her continuity of service?

Rather than her saying what happens if I do this, get them to tell her what day to come back in writing so there's no come back.

Unfortunately that won't necessarily protect your friend in the future, if she moves elsewhere. Having had my incremental date moved several times over the years (not to my benefit!), I would strongly suggest your friend covers herself by going back earlier if she can.
Then there is no quibble about it. The continuity of service is really important to maintain - annual leave entitlement, protection and also pension rights, that I wouldn't take the gamble.

I know it does seem odd that there isn't any paperwork - she had a different line manager before she left, and feels the current one would be incensed if she went directly to HR (god knows why, I would do it in a heartbeat).

Current line manager is now also on leave and the other line managers in the department don't know her - I have explained this isn't relevant, it's a generic question about policy, but I think it's just going to be easier for her to go back in sooner than split hairs over the 3rd Oct/4th Oct conundrum!

Oh I believe the no paperwork. The last time I moved jobs (different NHS hospitals) all the details about my previous service were not transferred. On (lengthy) enquiries it was because new hosp and old hosp were both waiting for the other to send the info and both thought the other should request it!
I had to persuade each side to send the relevant bits of paperwork. It was utterly ridiculous but necessary still gets me cross now!