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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47418
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If you change nhs employer and have less than 2 years with

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if you change nhs employer and have less than 2 years with the current nhs provider but several years continuous service you are entitled still to redundancy even if you can't claim constructive dismissal, this is my understanding.If your nhs organisation bullies you out with erroneas performance management and you suspect because they want to save on their redundancy bill, could you argue this at an employment tribunal along with your claim for breach of confidence and trust
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello how have you been bullied out exactly?
Customer: replied 1 year ago.
It's a long story but overloading with work, changing my contract without consulting, bullying behaviours, gossiping about me. I know if I had the two years I would have a strong case for constructive dismissal. They told they were going to performance manage me in a month, if I didn't improve, but all they had was a customer complaint that had not been substantiated several months before. No written record anywhere that I had not been performing.
They were about to launch redundancy, and my business areas would transfer to another provider. Anyway I did hand in my notice and soon after they launched the offer of voluntary redundancy to the team.
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. The continuous service you have will no just cover your redundancy rights but can also cover your constructive dismissal rights, meaning that it can be taken into account when making such a claim. Usually, in NHS employment it would happen if you change jobs but continue working under the same Trust or Local Authority. If you change trusts then you may indeed retain continuous service for redundancy rights but your continuous service in terms of constructive dismissal protection is likely to have restarted.The issue is that you cannot go and claim redundancy if the reason you were forced to leave was not due to redundancy. They may have been trying to save on redundancy but that does not make your reason for termination redundancy. So if you were removed from your job as a result of bullying and cannot claim for constructive dismissal you are not able to make a separate claim for a redundancy payment because you were not dismissed for redundancy – you left through resignation and regardless of the reasons, this is not a redundancy. As such your claim would be limited to constructive dismissal or discrimination only, the latter only applying if you were treated detrimentally die to your age, gender, race, religion, etc.I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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