NHS Department restructure

I am not familiar with the weird and wonderful workings of NHS HR but this looks like a redundancy situation so I would put my TU Rep and management to task to explain why they think it’s not redundancy.

Clearly the need for Band 6 roles has ceased or diminished ( part of the definition of redundancy ). They are looking at Band 5 as suitable alternative employment which it clearly ( to you ) isn’t.

So for me that’s redundancy. Unless any NHS colleagues can explain why not.

I asked my union rep the following question; Does your employer need to give you notice that your current contract is ending? The reason I asked this as I will only have two weeks from when the chosen band 6 are selected to apply for any other available nhs posts that are the same band I currently work at. I feel It is harder to secure a band higher than you are working at as it is promotion. The advise of my union rep was 'The employer doesn’t need to give you notice because they are not ending your contract of employment. You will still be employed under the same terms and conditions by the same employer even if you are unsuccessful at retaining your band 6. it is so confusing

Many thanks for your response. The unchosen band 6 nurses will have only two weeks from being told before we have band 5 jobs. Is there any options I have?
This will affect everything for me, career aspirations, pay, hours. I have dug out my contract for when I started and I can't see anywhere where it states terms and conditions can vary

Yes. Challenge your Union Rep hard on this and escalate within Union. Also ask management ( better if you all do it) to justify contractually and legally why this isn’t a redundancy situation ( ie on what legal or contractual authority they think they can do this). Armed with this information you can then decide what action to take.

You can’t stop them reorganising and removing so many band six jobs. That’s their management decision. But they have to consult properly and unless there is done very weird agreement in place I can’t see why it isn’t redundancy. Clearly they don’t want to call it that because (a) it will cost them and (b) they will end up with not enough staff to fulfill their hours.

At this stage ask the very direct question ( but politely) to management and your union and see what answer you get back.

Link to the Agenda for Change - the NHS document with your terms and conditions - the section on redundancy and suitable alternative employment: www.nhsemployers.org/.../nhs-redundancy-arrangements

If they are offering the band 5 as a suitable alternative I would expect you to receive pay protection in line with your local policy (normally 3 years), have this been mentioned at all?

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Sorry it's been a while in coming back to you and I did take your advise. I have what you could only call a very stressful couple of months. My case so far is that was indeed a redundancy and not downbanding. I put in a grievance straight away stating I did not agree to the new contract been changed as this was a demotion, less pay, change of hours and change of my chosen nursing speciality. During the grievance process and subsequent appeal they terminated my original contract and put me on the new band 5 contract without my knowledge. I didn't know they had done this until I got my pay slip at the end of the month and then checking the employer online details. So at this point it looks like I will be going to tribunal. As I will be representing myself I am researching this and have come across a case law parallel to my situation but am having problems interpreting a statement the judge made. Would you be willing to give me your interpretation of this please if I copy and paste it? Many thanks in anticipation

*I did not agree to the new contract been changed.

This should read 'I did not agree to the new band 5 contract

Apologies

How very odd ! Yes post the statement and let’s have a look at it.