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NHS employer - maternity return to work less hours


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Wife requested return to work on less hours. Not surprised they rejected. Employer rejects all requests whatever the reason because its inconvenient for them. They go through the motions but always reject because 'they're busy'. Legislation seems a bit toothless because it just says employer has to consider. They know this and will make up a reason to cover things. Is there anything that can be done? Seems the legislation is about as useful as having the statement 'BE NICE TO EMPLOYEES' as part of employment law...

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Did she use the statutory procedure to request flexible working, or was this simply a verbal or written request?

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Did she use the statutory procedure to request flexible working, or was this simply a verbal or written request?

 

Request was on 'return to work' form.

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Wife works for NHS. Maternity policy says:- 1. Leave is accrued whilst on maternity. 2. Any leave accrued - is recommended to be added on to end of maternity (e.g by ending maternity early). 3. Got to give 8 weeks notice of return to work. So, wife gave 9 weeks notice to start back in April but use accrued leave so that physical start would be June. Employer dragged their feet. Despite requests, the form still has not been sent to payroll. Now they are delaying even further by saying they need to meet to discuss. There is now no way it will be sorted so that wife will get paid in April. Is there anything we can do?

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Request was on 'return to work' form.

 

I would say no, then. Follow this very carefully with a bulletproof "how the role can be covered" section.

 

https://www.gov.uk/flexible-working

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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  • 1 year later...

Wife has been off sick long term so Im helping her with this. Basically, the NHS trusts leave policy allows the use of leave accrued during long term sick leave, Basically, its a way of getting full pay whilst you're on half pay.

 

So, she works part-time and leave is done in hours and she got something like 130 hrs for the year.

 

In dec, mgr informed payroll to let her use 90 hours between two weeks in december. All done 90 hours paid.

 

In Mar (leave year end of march), mgr did the same and asked payroll to use remaining 39.75 between two weeks in march. She got paid 14 hrs for some reason.

 

Since then I've spent the last month trying to sort it out. Payroll say its right and that they did what manager asked, manager says payroll must be right. HR says payroll say they're right.

 

No-one is willing to let us know where the remaining 25.75 hours have gone. All I got from payroll is we paid you for 14 days as you're manager asked.

 

I've emailed payslips to hr and payroll to show this and also show what happened in Dec. All that happens is each dept refers us to the other.

 

Been patient enough now. Wife has spoken to union but they are not great.

 

What we do about this now? I feel we've been fair enough so far but enough is enough.

 

Raise a grievance/let union do it/write a letter threatening legal action?

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Best bet would be a letter to HR

 

In the letter show how the entitlement is worked out

 

Deduct Leave taken and paid for, include dates (Refer to payslips)

 

Show remaining balance.

 

Ask them to check their records and resolve your grievance within 14 days.

 

Once that has been done, if not resolved, you have the opportunity to pursue through small claims.

 

What have union said?

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Best bet would be a letter to HR

 

In the letter show how the entitlement is worked out

 

Deduct Leave taken and paid for, include dates (Refer to payslips)

 

Show remaining balance.

 

Ask them to check their records and resolve your grievance within 14 days.

 

Once that has been done, if not resolved, you have the opportunity to pursue through small claims.

 

What have union said?

 

Already done this via email. Provided all the details etc.

 

Union rep doesnt really get it. To be fair, it is complex. I'm trying to get him to provide me a contact/legal person within the union who I can email all the details and explain.

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Just ask for the extra hours again now, in writing.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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  • 2 months later...

Wife is a registered nurse. As such, she maintains a registration with the NMC. To maintain this, you have to work a minimum number of hours over the previous 3 years in nursing.

 

My wife works part-time, and also runs her own business (Aethetics so it counts as nursing work). Unfortunately, due to illness, shes been off work for some time.

 

Normally, her regular employment more than provides enough hours to meet the minimum requirements. This time it falls slightly short. Luckily, the extra hours from her own business cover this.

 

She spoke to the NMC and they agreed that this was acceptable and her registration was recently renewed. All they ask for is self certification anyway.

 

Anyway, wife is now being redeployed to another department and hopes to start work again in the next month. Previous manager has raised the NMC issue because they've noticed the shortage of hours. Wife has explained this and told them she spoke to the NMC.

 

Employer is not having this and is insisting on a break down of hours from self employment. They've now threatened that they will stop her having patient contact until she provides the information.

 

Surely its nothing to do with them? Yes they have a right to tell the NMC the hours that my wife has worked but anything else is none of their business. The registration is between the nurse and the NMC.

 

Having checked contract it just says nurse needs to be responsible for their own registration and be able to prove she is currently registered. She has done this. There is nothing to say details are required. NMC are happy.

 

Thing is this manager is a bully and likes to think she can do what she wants. She seems to think just because you're employed you do what she says. Get the impression that shes a bit put out that wife has got a redeployment because it seems she wanted to get her terminated.

 

What can we do? Surely employer cant do this?

Union have been completely useless so far.

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Wife is a registered nurse. As such, she maintains a registration with the NMC. To maintain this, you have to work a minimum number of hours over the previous 3 years in nursing.

 

My wife works part-time, and also runs her own business (Aethetics so it counts as nursing work). Unfortunately, due to illness, shes been off work for some time.

 

Normally, her regular employment more than provides enough hours to meet the minimum requirements. This time it falls slightly short. Luckily, the extra hours from her own business cover this.

 

She spoke to the NMC and they agreed that this was acceptable and her registration was recently renewed. All they ask for is self certification anyway.

 

Anyway, wife is now being redeployed to another department and hopes to start work again in the next month. Previous manager has raised the NMC issue because they've noticed the shortage of hours. Wife has explained this and told them she spoke to the NMC.

 

Employer is not having this and is insisting on a break down of hours from self employment. They've now threatened that they will stop her having patient contact until she provides the information.

 

Surely its nothing to do with them? Yes they have a right to tell the NMC the hours that my wife has worked but anything else is none of their business. The registration is between the nurse and the NMC.

 

Having checked contract it just says nurse needs to be responsible for their own registration and be able to prove she is currently registered. She has done this. There is nothing to say details are required. NMC are happy.

 

Thing is this manager is a bully and likes to think she can do what she wants. She seems to think just because you're employed you do what she says. Get the impression that shes a bit put out that wife has got a redeployment because it seems she wanted to get her terminated.

 

What can we do? Surely employer cant do this?

Union have been completely useless so far.

 

Is this private sector or NHS Trust?

If NHS, has your wife involved HR / personnel / human resources (or, whatever today's name for this dept. is)?

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Is this private sector or NHS Trust?

If NHS, has your wife involved HR / personnel / human resources (or, whatever today's name for this dept. is)?

 

NHS Trust.

 

HR and Union are both completely useless. All seemed a little scared of this manager.

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If your wife in unable to fulfil her contract, but is able to run her own business, then asking about it seems quite reasonable.The employer would rightly expect her to prioritise their work over her other job. She will need to show that the two types of work have different physical demands, probably supported by a doctor's report. I suggest she gets onto that right away.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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If your wife in unable to fulfil her contract, but is able to run her own business, then asking about it seems quite reasonable.The employer would rightly expect her to prioritise their work over her other job. She will need to show that the two types of work have different physical demands, probably supported by a doctor's report. I suggest she gets onto that right away.

 

To clarify, since shes been ill, there has been no work on her own business - this is currently on hold and will be until she is well enough. This was work done at the same time as she was fit for her normal job.

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I would expect that that, and an assurnace that there is no conflict of interest, is all the employer needs to know. Not worth a fight, just provide the info, IMHO.

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I would expect that that, and an assurnace that there is no conflict of interest, is all the employer needs to know. Not worth a fight, just provide the info, IMHO.

 

The actual other work is not the issue. This is something that she officially notified her employer of and got permission to do, as per her contract, years ago.

 

This is about them know wanting to know confidential details which they dont need.

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I tend to advise that a conversation around "rights" is heading for conflict; not wise with an aggressive boss. Does she really truly have something to hide? I doubt it. However; your income stream....her choice.....

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I tend to advise that a conversation around "rights" is heading for conflict; not wise with an aggressive boss. Does she really truly have something to hide? I doubt it. However; your income stream....her choice.....

 

Part of the problem is that despite repeated requests for clarification from my wife, manager hasn't clarified exactly what they need. All we're getting is - you need to prove to us that you've done the hours.

 

So far the conversation has gone along the lines of, well I've spoken to the NMC, I've filled in the form to self-certify - do you want a copy? - I've sent nothing else to the NMC and neither have they asked. What do you want?

 

Silence. Then we get - well you can't work until we're happy etc etc Going around in circles.

 

If we could something in black and white then it'd be something.

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You say HR havent been helpful. Has your wife specifically asked them in writing to show what they require as evidencc of hours worked and to whom they should show this evidence? HR often claim that they are there to advise management rather than get involved in employer/employee relationship problems so try and get them off the fence and make a decision. This will then take away any personal conflict (usually).

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You say HR havent been helpful. Has your wife specifically asked them in writing to show what they require as evidencc of hours worked and to whom they should show this evidence? HR often claim that they are there to advise management rather than get involved in employer/employee relationship problems so try and get them off the fence and make a decision. This will then take away any personal conflict (usually).

 

3 emails to both HR and the manager asking for clarification. HRs response is always - nothing to do with us.

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Then write a letter on paper and copy it to the chairman of the trust. Make sure that the letter is short and to the point and say that an answer in writing is expected.

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  • 3 weeks later...

Well heres the latest. Three weeks ago following a meeting wife emailed the manager asking to be supplied, in writing, clarification of what info was required and clarification that she would not be allowed to work until the issue was resolved.

 

The reply was the letter was on its way from a senior person. But guess what it never arrived...

 

Not sure whats happened but looks very much like manager has overstepped the mark somewhat. Disgusting behaviour the way a manager within an NHS organisation can threaten and bully a staff member like this.

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This is actually something I've seen before - a manager not wanting to accept someone with a history of long term sickness, which could well be what's behind this - The manager looking for an excuse not to accept the redeployment and get someone else instead. There is a strong fear of sickness recurrence which affects staffing levels.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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This is actually something I've seen before - a manager not wanting to accept someone with a history of long term sickness, which could well be what's behind this - The manager looking for an excuse not to accept the redeployment and get someone else instead. There is a strong fear of sickness recurrence which affects staffing levels.

 

This is the actually the manager of the department shes leaving. You would have thought she'd be glad....

To be honest, shes on a mission because she seemed adamant that she was going to go for termination but seems a bit put out that a transfer has been requested.

 

New manager is quite happy.

 

Interesting - todays update. Three weeks ago asked for clarification in writing, and also in writing from someone authorised that they would prevent work. Manager agreed. No letter came. Contacted HR to tell them - look whats going on. Apparently, manager has told HR no need for letter I'll explain again.

 

Its sounding more and more like a personal crusade with this manager, who seems to be acting on what her opinion is rather the official backing of the health board. Beginning to doubt the authenticity of some of the claims/threats being made.

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