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Treated Unfairly _ Am I being unreasonable

8 replies

patsido · 12/05/2011 18:37

I went on maternity leave and was tranferred without being informed.When I arrived from oml discovered that I had been moved

This is from my manager sent me after I informed him that I was not happy to be transferred from one ward to another after ordinary maternity leave without any consultation.

Thank you for meeting me on 14th March 2011 where I informed you that you would now be based on A ward in the role of Clinical Practice Lead. This in no way effects the terms and conditions of your employment within the service.

When you were on maternity leave I was asked to review the nursing structure at Oaks to make the necessary cost saving, as Oaks had been exempt from the Trustwide changes to off duty system due to the nature of the therapy programme run at Oaks.

After careful consideration and in consultation with the Director we felt that it would be less disruptive to the continuity of the supervision structures etc if you were take over the role vacated by Nurse R on A ward, as we felt your skills and experience were similar to that of Nurse Z and so there would be more equilibrium across Oaks for you to be based on A Ward.

As you know part of the new nursing structure is B is now the Practice Innovation Nurse for Oaks and has responsibilities for A and B wards. The nursing model we are working towards will see all the senior nurses within Oaks working more as a unit rather than two separate wards, so there will be plenty of opportunities for taking unit wide responsibilities in the future.

As we discussed you will be rostered for shifts as part of A ward off duty week commencing 28th March 2011.

this was my reponse

I am raising a grievance on the following grounds; that I have been treated differently because I was away on maternity leave and I am the only staff that is being subjected to this treatment. I believe that this is unfair.

I have been employed for 6 years. I have been a band 6 for 3 years I worked on Oaks B Ward as a Staff Nurse and was promoted to be Clinical Practice Lead in 2008. On August 2010 I went on maternity leave whilst on maternity leave my work base was changed without consultation and this took effect on the 28th of March 2011.

My complaint is that while I was on maternity leave my line manager in consultation with you reviewed the Oaks nurse?s structure and I was selected to move wards. No other members of staff were affected I am the only Black Band 6 and I am the only member of staff on maternity leave.

I have read the Maternity and Adoption Policy Version? it states that -.

22.3 During Ordinary Maternity Leave or Additional Maternity Leave
When returning to work after ordinary maternity leave, the member of staff will be entitled to return to the same job and the same terms and conditions as before her leave began (unless a redundancy situation arises during the maternity leave, in which case the process will be managed in accordance with the Trust?s Managing Staff Affected by Change Policy).

23.0 Returning to work
23.1 A new mother or adoptive parent who has notified her intention to return to work has the right to return to her original job under her original contract on no less favourable terms and conditions if her entitlement is to 39 weeks maternity or adoption leave or more.

I am aggrieved because I discovered my move via a colleague who informed me that I had been moved to A after having seen it on the off-duty. I think considering how the move was planned I should have had a meetings to discuss this prior to commencing work.

The Maternity and Adoption Policy Version 2 states ?
16.0 Keeping In touch
16.2 Managers must discuss and agree any voluntary arrangements for keeping in touch with the expectant mother prior to the commencement of maternity leave. This must include any arrangements which the expectant mother or adoptive parent may find helpful to keep her in touch with developments at work and to facilitate her return to work, such as:
? Changes affecting Terms and Conditions;
? Trust Newsletter;
? Information on training courses and seminars;
? Social or departmental events.

I now feel that I have been treated differently.
Being a young woman of child bearing age - I am now further concerned that in the event I get pregnant again I will be moved - because this experience is not reassuring and has left me anxious.

Being a team of four Band 6?s ? 3 females and 1 male ? I am keen to know the criteria used to decide who is redeployed as this has left me wondering about the decision to select me.

As mentioned in a letter dated 17th of March 2011 ? that it would be less disruptive to the continuity of the supervision structures ? when I took maternity leave my understanding was that temporary cover would be sought on a fixed term basis to cover the duration of my leave. Therefore the disruption to the continuity of supervision structures that he mentioned should not have been an issue as I was made to believe that I would return to B from my maternity leave. - The New post that was filled was a substantive post to A and G applied, she was successful in her interviews suddenly a vacancy was created in A. Can you please enlighten me whether it is trust policy to fill a post with someone?s post whilst they are away on maternity leave with another staff?

Also mentioned in the letter ?we felt your skills and experience were similar to Z so there would be more equilibrium across oAKS?. If my skills were similar to Z why was he not moved to maintain equilibrium since he was present to discuss and negotiate with as I was on leave and did not get fair treatment to discuss and negotiate?

According to my understanding J and I on A Ward are the most senior Band 6?s within Oakss how pragmatic is it to have the most senior band 6s on the same ward. Is it helpful then to be on the same ward as Z and G are the most junior?

I feel I am being disadvantaged by the move because another review might be done. In the future and each ward might be allocated a PIN. However this move puts me at disadvantage
However I am aware of the trust policy for Equal Opportunities.

  1. Recruitment, Selection and Promotion It is unlawful to discriminate, not only in recruitment, promotion, transfer and training, but also in the arrangements made for recruitment and in the ways of affording access opportunities for promotion, transfer or training. Please can you activate the grievance process and contact me within the timescales identified in the trust grievance policy.
OP posts:
SauvignonBlanche · 12/05/2011 18:45

Sounds like a very good letter.
Does your Trust have a Grievance policy and have you got a copy?
Have you contacted your union?

patsido · 12/05/2011 18:52

i have contacted union...but now its going to the service director

OP posts:
BerylStreep · 12/05/2011 23:20

I agree, it sounds very unfair. Have you sent the letter? If not, you may want to review second last paragraph, as it doesn't flow as well as the rest of your excellent letter.

patsido · 13/05/2011 10:46

i have sent it...i am meeting with the service director on the 8th of june 2011

OP posts:
BranchingOut · 14/05/2011 07:17

I think they have definitely been unreasonable in not consulting with you, however I am not sure where you stand legally.

I read a case where a teacher in Year 1 was moved to Year 5 when she returned from maternity leave. However, she lost her case because the job 'teacher' or 'Band 6 Nurse' was fundamentally the same.

patsido · 14/05/2011 17:52

any idea how to tackle this

OP posts:
BerylStreep · 15/05/2011 08:57

In terms of your meeting, I would suggest that you have a very clear idea as to what you want as outcomes.

Yes, the way in which this has been done, without any consultation with you has been appalling. But what do you want out of your grievance? Are you simply highlighting that the way in which the decision was made was unacceptable or do you want to move back to ward B? If this is the case, what are your reasons why? Is ward A an inferior post, worse working conditions etc?

Try to anticipate what there stance and arguments are going to be, and make sure you have responses to them.

moomaa · 15/05/2011 09:24

I agree with BerylStreep that you need to decide what you want to happen. I think you need to state this in your letter.

I was confused by this bit: "My complaint is that while I was on maternity leave my line manager in consultation with you reviewed the Oaks nurse?s structure and I was selected to move wards. No other members of staff were affected I am the only Black Band 6 and I am the only member of staff on maternity leave. " - Does black band 6 mean a type of band 6 person or do you mean that you are black and you think they moved you because of that?! I think you need to be clear if you are alleging racial discrimination.

I think they might say that a band 6 is a band 6 and they can be placed in any ward. Does your contract say anything about being moved around?

Is the root of the problem that you think all the people on ward A are going to be made redundant?

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