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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 10383
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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hello, my employer has just gone through a of consultant

Customer Question

hello, my employer has just gone through a period of consultant on refiguration of services. during the period i had a breavement and had 7 weeks off work. during this 7 weeks my employer requested that i attended occupational health to assess whether i was fit to be interviewed for two posts...i attended and was advised that i was to have a phased return to work over a period of 4 weeks. my line manager then asked if i would consider not having an interview but allow the interview panel looking at my personal development record, i agreed but unfortunately my current record had been mislaid and i for some reason didnt have a copy so i would have to be interviewed. Prior to me commencing this return i was informed that the two other employees being interviewed for these posts were both interviewed and one was informed that she was successful in securing a post. on my return to work i was asked if i if felt i was able to have an interview and if i did then i needed to contact occupational health and ask them for a letter to confirm that this was possible. i didnt feel i was able to do so. i have contacted my union but feel that i havent been adequately advised by them. i have recently had the interview and made a complete mess of it, and as a result i have been demoted but with my pay secured at my present scale for 5 years. i feel i have been unfairly treated please could u advise me. thank you.
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
Hello and welcome to Just Answer, how long have you worked for the employer and does your original job still exist?
Customer: replied 3 years ago.


i have worked for the nhs for 32 years but i have worked for my present nhs trust employer for 9 years and 4 years of that as a band 6 nurse. Up to July this year the team was made up of two band 6 , two band 5 nurses and two band 3 health care assistants. after restructure we have one band 6 one band5 and two band 3's. so in answer to your question i suppose my job no longer exists. i have now been offered band 5 position with band 6 pay for 5 years.

Customer: replied 3 years ago.

i have replied to your question but i am not sure whether it is in the right place as i have not received a reply.

Expert:  taratill replied 3 years ago.
Hello so was the remaining grade 6 post given to your colleague who was able to attend the interview.

I am sorry for the delay, I am not constantly online over the weekend but I do periodically check and will respond as soon as possible.
Customer: replied 3 years ago.

i am sorry i thought my message had been lost. i have not given you all information......the trust i work for is made up of 3 geographical areas,after refiguration there was three band 6 posts 3 band 5 posts and several band 3 posts. one band 6 post was given to a nurse who was on adoption leave, one band 6 post in my area of work was interviewed for and given to the nurse whilst i was off sick, the other post was in a different area and was the one i was left to interview for and was given to the nurse who was interviewed at the same time as myself. i have been told that i have been given an option of taking a band 5 post with the option of protected salry for 5 years. i would also like to know if in accepting this


post would my pension be affected after the 5 years as i have the option to retire at 55 years old and i am 52 in december.


should i have given the option of voluntary redundancy?

Expert:  taratill replied 3 years ago.
were you offered the opportunity to interview for the band 6 post when you were off sick?

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