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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47420
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work for the NHS and I feel that my position as an office

Resolved Question:

I work for the NHS and I feel that my position as an office manager has become one where my managers throw work at me left right and centre with no direction. I felt that if I left my position my job load would easily be distributed around others in our department and therefore I requested VSS as I wish to leave. This has been turned down on the grounds that they would replace me at the same band. I am sure that this would not be the case. If I do leave and subsquently find out that my position has either been broken up or rebanded is there any way I could challenge this in regards XXXXX XXXXX being turned down for VSS?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What would you like to achieve here?

Customer:

I would like to know legally if I would have any come back if I found out if they had not replaced me on the same band.

Ben Jones :

how long have you worked there for?

Customer:

12 years

Ben Jones :

The problem with doing this is that you only have 3 months from the date you leave to challenge the employer over what happened. This does mean that they could reject VSS, let you leave as a result, and then wait 3 months before distributing your job or rebanding it and it would legally not be possible for you to do anything about it as you would be outside of the time limit to claim. So that is a potential risk of leaving then finding out that even if they did not act fairly and as per the procedures they should have followed, you are not able to take the matter any further. That of course depends on what actually happens once you leave and at this stage it is not possible to predict that, which means that only time will show what your rights are.

Customer:

ok, thank you very much for your help. I will have a think about what to do.

Ben Jones :

yes don't just jump at the decision to leave as it is a major step so think through this first

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