nhs redundancy

[give me my money back]

Hi Guys

my wife is about to be made redundant from the nhs , and as a result they are paying her a redundancy package.

She has 22 years service within the nhs, but her hr department are only recognising the last 8 years. The problem area is that prior to her current job which she has been in for the last 8 years, she had 2 part time jobs, one as a practice nurse at a doctors surgery, which apparantly falls outside of the nhs umberella, and one as a bank nurse at the local hospital, which hr claim is a zero hours contract, and as such she was classed as a worker and not an employee, and therefore not entitled to any contractual redundancy rights.

However, at the time of moving to work for the bank my wife was on a substantive contract at the same hospital, ( and had been for the previous 8 years ) and was never asked to sign a separate contract for the bank work.

She worked on the bank for approx 8 years doing the same thursday afternoon late shift and either a late or early on sat and sun, week in and week out. Her allocations to wards were considerable in length too, some ammounting to 12 months on the same ward.

Most of the time she was been rota in on the wards off duty plan up to 3 weeks in advance.Also whilst on the bank she recieved contractual maternity pay as well as statutory mat pay when one of our daughters was born and also received contractual sick pay and statutory sick pay when she had to have an operation. My question is how can this bank work be construed as worker type zero hours contract, and how can i force the issue to get her full redundancy entitlement?

 

many thanks