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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44402
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Under hospital re-organisation 6 NHS band 6 sisters apply for

Customer Question

Under hospital re-organisation 6 NHS band 6 sisters apply for 2 jobs, 4 are unsuccesfull and drop to band 5 staff nurses on protected salary. However it is later discovered that one of the 4 was told seperatly without the knowledge of the other 3 despite being unsuccessful to stay in band 6 uniform as their ward had not yet closed. the other 3 all had new contracts issued the one remaining did not. This one person was then later put into a band 6 position without reference to the other 3 and without interview.
Is this legal
Submitted: 3 years ago.
Category: Employment Law
Expert:  Stuart J replied 3 years ago.
How long had she worked there?
Customer: replied 3 years ago.

the one who was gives the job has a lot of years service but my wife one who didnt get the job has 40 years service and is part time which we believe is one of the reasons she wasnt considered

Customer: replied 3 years ago.

i'm sorry but we have grand children staying with us and i have to leave my computer shortly (bedtime).


Customer: replied 3 years ago.

Good Service

Customer: replied 3 years ago.

Sorry to press you but do i get any further response

Expert:  Ben Jones replied 3 years ago.
My colleague has asked me to look at this as it is more my area. I'm just travelling at the moment but if you give me until later on I will get back to you.
Customer: replied 3 years ago.

Thats great thank you very much i will check my emails later tonight but tomorrow morning will be fine



Expert:  Ben Jones replied 3 years ago.
Thanks for your patience. Do you have any idea of why the employer has acted in this manner and the other nurse was given preferential treatment?
Customer: replied 3 years ago.

For Ben Jones only

No please, thank you for your reply.

OK i initially generalised thinking i would get a general answer back, the site is obviously far more professional so i will be more accurate.

The trust is Dxxx & Bxxx incorporating Dxxx, Txxx, Wxxx and Mxxx Hospitals.

My wife was Ward Sister (part time) on a medical ward at Mxxx.

Txxx is (was) a hospital specialising in strokes and recovery, this was being closed and moved to Mxxx replacing the medical ward on which my wife was sister this medical ward was being moved to Dxxx.

There were 4 for interview for one band 6 vacancy on this newly formed ward at mxxx 3 female one male. the male was already working full time hours on a small department at Mxxx (not a ward) dealing with recovery (not neccessarily stroke victims) and consisted of just a handfull of staff working Monday to friday.

One of the interviewees got the position (not the male).

At this point my wife broke a bone in her hand and could not work.

Another of those interviewed during my wifes sickness period got a position at Dxxx leaving just my wife and the male unsuccessfull.

My wife had by this time recieved her new contract listing her as band 5 on protected salary. During her absence she visited the male nurse only to find him still in band 6 uniform running what was by now an even more depleted dept and asked if he had had a new contract to which he replied no. ( it was later found out that this nurse had been told to stay in position despite failing interview) (no other interviewees were informed of this decision)

On the 1st day of my wifes return to work the ward manager took her into her office and explained that the person who had originally been given the band six job had been moved to Dxxx and that the roll was to be offered to the male nurse (who had, remember also failed interview) when my wife questioned it the manager stated that Px (the male nurse) was full time.

We consider this to be a gross misjustice both having failed the initial interview they should have been given equal opportunity, during the initial interview my wife was told that her part time status would not affect any decision.

Also she was supposed to have a follow up meeting to explain why she did not get the job in the 1st place, this has not happened.

Part of the interview process was a power point presentation, the trust has not offered any training in power point (surley you cannot be judged on something you have not been trained in) my wife being more mature does not know her way round a computer as does some of her younger counterparts however she did recieve compliments from the interview board at the time on it being a good 1st time effort. It has been muted that the male nurses presentation was better but he has no experience of running a ward and as i type this there are still areas of the ward management that he cannot do.

My wife and i feel that she has been treated unfairly. Discriminated against in that she has not been shown equality due to her part time status ie the statement made by her manager.

That the Trust failed to act equally in not issuing new equal contracts to those that failed.

That they acted underhandedly by allowing the male to stay as band six with no band 5 contract without explanation to others that also failed.

That they broke NHS rules by not re-interviewing for the post when it again became vacant.

My wife has a meeting today 2.00pm with HR and your advice would be welcome, please accept my appologies for the lateness of this request but HR have put the meeting off severall times and then Christmas was upon us.

Kind regards


Expert:  Ben Jones replied 3 years ago.
Good morning. From what I gather, your wife was not offered the position that the male nurse got was because of her part time status. If that is the sole, or main reason then that could indeed be potentially unfair. According to the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, part employees should not be treated less favourably than their full time counterparts just because of their part time status. However, detrimental treatment can be justified on objective grounds so if the employer can show such a defence existed then they can potentially defend their actions. For example, in this case a potential defence could be that the job she was not offered was a full time job needing a full time employee, although the employer should have still checked whether she is willing to increase her hours to do that job before discounting her from the running.

A worker who considers that their employer may have treated them less favourably on grounds of their part-time status has the right to request, in writing, a written statement giving particulars of the reasons for the treatment. Following that request they are entitled to receive a statement from their employer with their justification within 21 days of the request.

At this stage she can press the employer on revealing the actual grounds as to why she was rejected for both positions and determine whether there are grounds that she can use to take this matter further. The first step in that process would be to consider going down the grievance route and if that fails then it is potential legal action, although it is slightly too early to say exactly what type of legal action is best to pursue.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44402
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Customer: replied 3 years ago.

Thank you for your prompt reply it confirms my thoughts. What about the point of privately telling the male to stay in uniform and not issuing a new contract putting aside his sex surely he was treated differently to the others it was done secretly and underhand. Also what about them just giving him a job without further interview he had failed the initial one same as the others I feel sure that NHS rules dictate that this should not happen regards xxx

Expert:  Ben Jones replied 3 years ago.
That would come under general unfair treatment but the real issue is why he was treated better than your wife. The actual fact that they told him to do that would not be as important as to why he was selected for this preferential treatment.

Also if there is a policy that says a competitive interview is needed to get the job then you can also challenge them on their failure to follow their own internal policy.

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