yes they do but only at departmental level, but still they wont allow me to have the same arrangement.

flexible working generally works "first to ask gets. the next to ask, until it becomes unworkable, then no one else gets to ask."

"At departmental level" is a red herring, they do or they don't, the company has agreed it or they haven't.

So if they all do not work weekends etc because they have formal flexible working in place - I am afraid it is tough luck for you.

Hi, a friend of mine has just finished a secondment and they are trying to extend it but she wants to go back to her old post on the exact deadline, can they force her to overstay her secondment? cheers...

Secondment within or outside the organisation?

Does her contract have an "any other reasonable duties" clause?

No. Unfortunately, I have no legal understanding of the reasons behind why. I would say that if their contract expires on the set date, it expires on the set date. Your friend has no legal obligation to work longer than their contract for her seconded role states.

No. Unfortunately, I have no legal understanding of the reasons behind why. I would say that if their contract expires on the set date, it expires on the set date. Your friend has no legal obligation to work longer than their contract for her seconded role states.

That would apply for an external secondment. Internal - it depends. Also her contract is permanent, I think?

Hi All,

I work in the nhs and if you have a period of sickness the manager wont allow you to work overtime or extra shifts for two weeks after returning to work. is this legal?

I've heard of this elsewhere, notably a major supermarket where it's a month without overtime. It's a policy which comes back to bite them when there's a flu epidemic or the like. Employees who have been ill, recovered and returned cannot cover the hours of those who are subsequently stricken.

It is actually part of the NHS conditions that you cannot work overtime or do bank shifts for 2 weeks when you have been ill. My understanding of the reasoning behind this is that if you work overtime in those two weeks and end up being ill again there could be a comeback on the NHS via medical claims companies. I do believe there was a case attempted which prompted this action but can't find out the details.

I do work in the NHS in HR/Payroll so can offer some help in these areas.

A company I once worked for had a similar policy. So long as it is covered by contract and is applied equally it is perfectly legal, however as stated it can sometimes become unworkable when they need cover at short notice.

Thanks for the advice guys.

Hi, my manager rang me at home while i was off sick to tell me that there had been a complaint about me and i will have to attend a meeting with HR, are they allowed to do this?

yes, of course - you can get a doctors note if you are too ill to attend the meeting and need it postponed, but too ill to work isn't neccessarily too ill to go to a meeting.

Hi,

when we used to work bank holidays we would get paid enhanced rates and get the hours worked back as T.O.I.L,

that changed when a new manager came and told us we were no longer entitled to T.O.I.L

but i found the policy and found out we are still entitled to T.O.I.L.

I have raised it with H.R who agree with me and they are now looking at everybody's TOIL but can i claim for the previous two years?

Any help please?

If it is within the staff handbook or policy document then there is no reason why you should not ask for the company to "make good"

I would be claiming for the exact period i did not receive the "contractual" obligation as breach of contract claims can go back 6 years

Agree, as it is not ordinary holiday they cannot say that you have failed to use it and so lose it.

Thanks all....

Hi,

i work shifts/on calls at a major hospital,

for over ten years on call staff have been given accomodation if on call from midnight till morning,

this was also explained at interview when i was employed and it only applies to staff who live more than twenty minutes travel time away.

the other day i came across a policy which was printed last year that says that the department is no longer obliged to offer this room for the night.

My question is,

as there was an implied contract for accomodation before this policy,

(implied means nothing in writing but established practice) can this policy be challenged now it is in writing.

Any help would be great as we would have to sleep in the coffee room or get a hotel!

CHEERS.

Are the department happy for it to take over 20 mins for you to attend the call out? That seems to be what the policy is saying.

Obliged is one thing, is it still happening in practice?

Hi All,

I was on call for a bank holiday between the hours of 18.00 and midnight,

my employer is saying that i'm not entitled to the hours back as per the on call policy because my call was not between 0800 and 1600 which are called core hours.

what they are saying is that they are only paying on call claims on a bank holiday between these core hours even though a bank holiday is 24 hours long.

Is this legal or can i challenge this?

Cheers.

what usually happens with on call when it isn't a bank holiday?

Hi All,

Can anyone tell me if you can challenge and change a trust policy once it has been written and ratified ?

Cheers.

Surely they are negotiated with the unions?

Challenge, maybe, but change, doubtful

If you have any more specifics, though, we may be able to help...

I would have thought it would depend on the policy concerned , how hard you are prepared to fight and if it breaches any laws either UK or European