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I work for the NHS, and due to recent concerns regarding another NHS trust winning the bid to do the work we currently carry out, I have applied for other jobs and been sucessful and offered another post, although I have signed no contract and have no start date yet. Since my interview there has been a consultation meeting and the other nhs trust is now Taking over the staff (via TUPE) and offering redundancy to current staff. My prospective new manager is happy ot defer my start date for my new job as it is my understanding in the NHS terms and conditions there needs to be a 4 week break after taking redundancy before taking up another NHS post. My question is this- does the 4 week break constitute the time at which the old contract is terminated and contract begins, or would the fact that I have a job offer mean I am not eligible for redundancy?

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Hello and welcome to CAG.

 

I'm sure the forum guys will be able to advise you, please bear with us until they're able to get here.

 

My best, HB


Illegitimi non carborundum

 

 

 

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I suppose in this situation it's a practical trade off. Do you want to forfeit the redundancy payment for continuity of employment? If you leave for 4 weeks, you will have to start again in accruing employment rights, which means you will have to work another two years before you accrue unfair dismissal rights. For me personally, I'd sacrifice redundancy pay for security of employment (if its within the same NHS Trust). If not, it doesn't matter too much.

 

Of course, the waters are also muddied by the TUPE issue.

 

Your employer can't elect out of TUPE if there's been a service provision change, so legally you have the option of transferring under TUPE to the new provider and then letting them make you redundant. You also could potentially have an unfair dismissal claim if the dismissal you're currently facing is by reason of a TUPE transfer. Plus, if they haven't consulted with you adequately over the transfer, you could claim a protective award in the employment tribunal of 90 days' gross pay.

 

I would suggest taking legal advice before making a decision!

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Thanks Becky,

You're right , and theres no doubt about it, that if it was one or the other, I would certainly take the security of the job :-D

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