NHS employment issues

[DEELEY]

My sister-in-law was originally on a fixed term contract with no end date and at that time every other employee in the department was substantive. There was a reorganisation in the department which was subject to competitive interview for all jobs. She was unsuccessful in obtaining a substantive role at the same band but was given a substantive role at a band below. The manager let slip she scored more points in interview as another person but did not get the substantive role. She pursued this with the union rep and explained to the manager her grievance at the process as she felt it was unfair. She didn't put a formal grievance in at that time but was allowed to 'act up' to the higher band for another 6 months and left it at that.

 

2 years have passed (She's been on maternity leave and come back) and no opportunity to get back to the appropriate band has arisen until recently. Someone has retired and a vacancy at the correct band is being advertised. This job is exactly the same as the job she used to do (and no-one else has done) so I wondered if she could be 'slotted in'? There are other staff that satisfy the person spec but they are at the appropriate bands and have not been affected by change. She's not at risk but has been affected by change albeit 2 years ago. I understand the vacancy went out to the restricted pool first (which she's not in) and is now being advertised externally. Surely there is a duty to help internal staff who have been affected by change first rather than throwing it open to the world to compete with?

 

She's also discovered some policies relating to this are missing and have already received an apology from HR.

 

Help much appreciated.

Edited November 11, 2013 by ims21

[Emmzzi]

If she didn't put in a formal grievance - she has in effect accepted the situation.

 

She can apply competitively with everyone else though.