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legal advice or union rep needed please


Guest KER5H
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im after some advice from a legal rep or employment union rep. my wife has worked for the nhs for 15 years and last month she was told that the ward she is working on is closing down on the first of november. She was given a aspiration meeting 2 weeks later and was told she could make 3 choices to where she could be transferred too. First choice was to the ward next door where she was told there was 2 vacancies. The other 2 choices were in oldham and bury. As we have a child who is pre school she was told she will have priority for her first choice. 2 weeks later she as now been told that them 2 vacancies no longer exist. So first choice gone. 2 nd choice do not have the shift available which suits the kids. She would have to get them out of bed at 6 am. 3rd choice. Again no vacancies. Another job in the rochdale building as already been filled and if she had been told of that position she would ve been given the job as per the child priority scheme. As it is she is goin to be out of work in 2 weeks after 15 yrs without a penny in redundancy as they can say she has been offered alternatives even though the only vacany does not suit with child care. I work away all week so i can not help out. Can the health authority do this legally or could she possibly have some case against them. Any advice would be appreciated. and no sarcasm 3 lions. This is a serious thread :mrgreen:

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I'd suggest you harden up* a bit and get ready for a bit of a shock.

You might be about to find out how helpful the union she's paid into all this time really is.


My aunt has worked as an NHS nurse for her entire working life. Paid up member of the union and all that. When she was being hounded by a bad boss and a terrible HR dept she tried to get union help and they were beyond useless. It strikes me they do little more than collect subs so the bosses can buy nice cars and live in big houses and selectively pick battles over general conditions and the odd high-profile dismissal.

Ordinary rank-and-file union members tend to be on their own (even when they have a union rep with them in meetings) when they are up against it.


Maybe you'll be pleasantly surprised - but don't count on it.


Good luck getting something sorted.



* Not said in a pisstaking or sarcastic way at all... more a "brace yourself" kind of way.

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Something similar happened to my sister, although not NHS or even public sector. The company she worked for was making restructuring changes which meant her job terms and conditions would change. The changes offered to her were not suitable as it involved changing her hours or location both of which she couldn't do due to taking her child to school and paying for after school childcare. So she had to leave. No redundancy, nothing. She has been unemployed ever since (about 14 months).


Redundancy pay is something like a week's pay (up to a maximum of £350-ish) per year of service, so with 15 years of service your wife should get in the region of £5k. However, refusing an alternative job for 'personal reasons' (as was stated in my sister's case), negates this unless the company is offering voluntary redundancy.

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thanks for that fred. Basically it says if they have offered her reasonable alternative employment then they can deem it as her decision to leave her job. But is it a reasonable offer when she would have to get a 8 yr old and a 4 yr old out of bed at 6 am and try to find child care at that time so she can be at work for 07.15 they re taking the mick. She s had maximum 15 days off on sick in 15 yrs and 2 weeks of that was for a miscarriage. Equal opportunities for families my arse. Should go on benefits and live the high life i think . this should be in the f **k it thread i think

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thanks for that fred. Basically it says if they have offered her reasonable alternative employment then they can deem it as her decision to leave her job. But is it a reasonable offer when she would have to get a 8 yr old and a 4 yr old out of bed at 6 am and try to find child care at that time so she can be at work for 07.15 they re taking the mick. She s had maximum 15 days off on sick in 15 yrs and 2 weeks of that was for a miscarriage. Equal opportunities for families my arse. Should go on benefits and live the high life i think . this should be in the f **k it thread i think

I think this bit is kinda relevant to that question.


"Is this job suitable?

Whether an alternative job offered is suitable depends on the terms of the job offered and the employee’s skills, abilities and circumstances. Factors such as pay, status, hours and location are relevant when deciding whether a job is a suitable alternative. The employer does not have to offer a similar position or a position in the same workplace.


Refusal on the grounds that the new job would mean moving house or lead to a significant change in working hours which did not fit with personal circumstances, would be acceptable. Refusal of a similar job without even looking into it would be unacceptable. An employee who refuses a suitable alternative may lose their entitlement to redundancy pay."

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Sadly the Trust can do this as they have offered alternatives. But is there an option to retrain in another area of the Trust which may suit and if not why not ?

As Si says get to CAB and the TU. Worth fighting this one.


Ex TU Steward/Branch Chair.

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I'd suggest you harden up* a bit and get ready for a bit of a shock.

You might be about to find out how helpful the union she's paid into all this time really is.


My aunt has worked as an NHS nurse for her entire working life. Paid up member of the union and all that. When she was being hounded by a bad boss and a terrible HR dept she tried to get union help and they were beyond useless. It strikes me they do little more than collect subs so the bosses can buy nice cars and live in big houses and selectively pick battles over general conditions and the odd high-profile dismissal.

Ordinary rank-and-file union members tend to be on their own (even when they have a union rep with them in meetings) when they are up against it.


Maybe you'll be pleasantly surprised - but don't count on it.


Good luck getting something sorted.



* Not said in a pisstaking or sarcastic way at all... more a "brace yourself" kind of way.

I agree with you. I'm having some problems at work at the moment. They have changed my shifts without a proper reason and that made me lose money for 2 out of 3 weeks. I have contacted my rep at work and after 4 weeks of nothing I have contacted regional officer. That was 4 weeks ago... They are totally useless...

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