I'm being interviewed for my own job - but I'm stuck with a decision

[user1471867483]

I have an interview for my own job which I've been doing temporarily for 10 years in the NHS. They are letting go of their in-house temporary workers, and I have to apply for my role or receive a 4-week notice. I chose to apply for my role. Currently, I work 4 days a week, but if I apply, I'll have to switch to 5 days, which doesn't suit my circumstances.
Should I follow my colleague's advice and pretend I can do 5 days at the interview, then request flexi-working after being hired after I work a month or so in the role, or should I be honest about my need for a 4-day week during the interview? What would you recommend in this situation? Even if I apply for flexi-working, my request may even be turned down. My friend said life is too short and to just get a new job altogether, meet new people, etc.
TIA. 🤔

If you're directly employed by the trust (rather than through an agency) and have been there 10 years, I don't think they can ask you to apply for your own job unless they're also asking staff members with permanent contracts to apply for theirs. They have an obligation not to treat you less favourably than permanent members of staff and this would almost certainly hit that threshold.

If you're in a union I would be talking to them because this sounds like it should never have happened in the first place.

What does the job advert say? Any nhs job I’ve put out will have the hours at the top and then a blurb about flexible working or part time hours considered. Infact when you post the job up you tick a box to say whether part time hours considered or not. So it should say that. If they have been expressly clear that 37.5 hours is what it is then they will be well within their rights to say no when you ask to change to a four day week. The legal requirement to make reasonable adjustments does not apply to you wanting an hours reduction.

That's not correct. When the council I worked for decided to make everyone in customer Services apply for their own jobs requiring them to change their work patterns, nobody over the age of 60 kept their jobs. They were fired and did not get redundancy. One had worked there for 40 years and a number of others 20 years.

I had worked there seven years but I made it absolutely clear that I would take them to a tribunal if they fired me. I also belonged to a union. Strangely enough I was the only one who got redundancy.

You may find that effectively you have become permanent anyway, by default .

This happened to me. I was in a part time teaching post that they wanted to make permanent, I contacted my Union, and they told me that after so many years by default it automatically became permanent.

I was hauled in for my interview, mentioned the Union had said this - and everything was suspended whilst they checked up with HR.

HR confirmed it, issued me a permanent contract, and that was that.

The new boss - who had clearly wanted to get rid of me - was furious.

In the end I outlasted her!

it’s probably worth checking, just in case.

Have you been doing the same job at the same hours for 10 years on a temp contract? If so, you really need union or ACAS advice here - ordinarily you can't roll temp contracts forward beyond 2 years in the NHS.

Whenever you find yourself having to apply for your own job it's very important to start applying for other roles, if for nothing else to get some practice. And if you've been doing it for 10 years you can probably do as much in 4 days as a new person can do in 5.

I'd apply, ask for 4 days after you have an offer and go from there. Remember you don't owe them anything more than to do your work as best you can

if you don't take it, don't get offered it do you get redundancy? Given that you have been working for them for 10 years. You should have rights as you've been working there for more than 2 years but some managers (& HR) can be pretty stupid about things in a "oh but you knew it was a temp role!" 10 years is not temp.

So if you might get 10 years worth of redundancy payout what happens if you take the role, work 5 days a week and get turned down for 4 day? Does that mean you lose out on a payout?

I'd be asking a lot of questions!!!

If you are in a union, speak to them, if not speak to ACAS.

How will you manage 5 days if you can't currently? Would compressed hours over 4 days be an option? Have you checked the job market to see what else is around your area?

If you have been working continuously for 10 years in a temporary job, please seek employment legal advice asap. As far as I’m aware, they might be legally requested to make you job permanent after 8 years of continuos temporary employment rather than making you apply for it (and risking it in the process)

It depends how much you need your job to pay for your expenses in life and how easy you would find it to get another job. Chances are it might be difficult to find another 4 day a week job. Have you got a friend who might like a 1 day a week job and you could apply as job share?

You need to make enquiries to understand why they have stipulated the job must be 5 days a week given you are doing it adequately (we assume) in 4.

Is it because they want to get rid of you for some reason? Is it because they need to offer a 5 day a week service? Is it because other staff are requesting 4 days a week and it is too difficult to manage? Is it a policy mandated from above?

The 1st 2, you won't get the flex you want. The 3rd one you could look for creative ways around it. The 4th one, they will make it work if it suits them.

I'd go for it, do the 5 days and give yourself time to think. At least that way, you still have a job. You can always find out later what your options are. If you tell them the truth, you won't get it and you'll be out if a job.

She may find herself doing five days work in four days

Yes, do it.

Look after number one, do the 5 days temporarily while finding something else or apply for 4 days. No one needs to know you don't intend to do 5 days.

Yes this does sound very odd. After 2 years aren't businesses obliged to change your contract to permanent?

Yes, throughout selection I’d say was fine with 5 days.

Definitely check your rights. My understanding is that if you have done the same job for 2 years you have similar rights to people with permanent contracts.
ACAS are great for work related legal advice, if you are a member if a union speak to them.
Your health board should have a policy regarding changes like this, there should be a full consultation on the change if a number of staff members are involved, Unions will be involved if this is the case. Ask HR for a copy, it will be called something like "Managing organisational change policy", there is a really formal process that needs to be followed.
You may also be entitled to redeployment within the NHS if you don't get the job you have been doing, you can apply for appropriate jobs and training is provided, again HR can advise.

If you have been working in the same role after 4 years you should have been automatically converted to a permanent contract.

Them changing the role from 4 to 5 is a material enough change to the job to permit redundancies.

I would apply for the 5 days, once role obtained apply for flexible working IF you have care giving responsibilities which it possibly sounds like you may have from an earlier post?

I think they’ll offer to struggle permitting 4 days a week from current stage. If they do, you can claim the role is not being eliminated so redundancies are not justifiable.

How many of you are being made redundant? If a large amount then they must also follow consultation periods.

Yes you should now have same right as a permanent as so many others have referenced. Providing this has been continuous employment during the ten years.

Could you cope doing 5? Could you take the 10 weeks pay and use that to find alternative employment?

Sorry you’re going through a stressful time. I was made redundant and put ‘at risk’ and consultation period 2 years ago. I was nominated to be the representative for my team in negotiations on terms of payout. I worked for a US multinational, which means US HR. They fire everyone over there with no questions. They weren’t accustomed to U.K. employment laws so it was very stressful. Best thing you can do is know your rights!! Call ACAS.

Thank you. I did that weeks ago and they said I don't have any rights.

I do Mon-Thurs currently and they want someone (me or whomever they recruit) to do Mon-Fri. A five day week won't work for me but I'll have to take it if it's offered to me as I haven't got another job to go to as yet.

They've already said it has to be 5 days from now on, but thank you.

It's definitely 37.5 hours a week now on the ad.

Some of our nhs bank staff have to have a 'unpaid' week off every x weeks which means They don't automatically trigger automatic change to become permanent. If your employment has been continuous as how.you have described i cant see how you cant have redundancy rights for the 10 years service. Are you on afc terms?.

Thank you. My current boss hauled me in, said it's 4 weeks I'm out or I'll have to apply for the role, which I've done. I asked her if I'd automatically get the job then, but she said not necessarily and I have to give it my best 'a game' at the interview.

If you can't do five days I'd take the redundancy