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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47902
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been employed full time by the NHS since 1985 but on

Customer Question

I have been employed full time by the NHS since 1985 but on 30th December 2011 I retired at the age of 57, took my pension (I am a nurse and am able to retire on a full pension anywhen after my 55th birthday) but signed a new permanent contract to be employed for 22.5hrs a week in the same job in the same area from the 1st January 2012.
I have recently been off work with work related stress from 13th June to the 29th July.
I have been told that they will only pay me half pay this month due to not having enough sick leave accrual. I had 6mths in 2011 but they are insisting that I am now a new employee and am only entitled to 2mths full pay in my second year(2013) but they have added it to sick leave from June 2012 and have decided that I have had more than 2mths sick leave in the last year.
They will not listen to the accrued sick leave encompasses some is in my first year not second year. The contract states that sick leave is accrued on continuous employment in the NHS. They are taking my annual leave on continuous employment i.e. over 28yrs but not on my sick leave entitlement. When I have changed trusts and started in another one the continuous employment has continued as it was less than a week between contracts. I am concerned they are not right about continuous employment as I only had a day off between contracts as stipulated by the trust.
Thank you for listening
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded.

For now please let me know wht is your specific question.

JACUSTOMER-r6z5ehs6- :

i want to know if the NHS is wrong about saying when I retired and came back that I had to be treated like a new employee and forfeit all my sick leave accrual (6mths) as I could no longer have the continuous service counted. Have you received my original statement

Ben Jones :

The continuity of someone's employment can be broken by a few events. The Employment Rights Act 1996 defines two of these events as being redundancy and unfair dismissal. Other events would be a break of a complete week ending with a Saturday, or working under an illegal contract.

There are further rules in relation to NHS employers because if you move from one NHS employer to another but that is only concerned with training and not relevant here.

Here is nothing mentioned about retirement and taking your pension so the only relevant factor here would be whether there was a break of at least one week and as you have told me that the first employment ended on 30 Dec and the new one started on 1 Jan, then there would not have been a sufficient gap to break continuity of service.

Ben Jones :

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