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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I am an Associate Specialist Gynaecologist in and Reproductive

Resolved Question:

I am an Associate Specialist Gynaecologist in Sexual and Reproductive Healthcare [FSRH]who has been employed for 22 years by the same NHS trust to provide their Termination of Pregnancy service and other contraception services
The Trust decided that they would no longer provide the TOP service from 01/04/16.
We have been in consultation since 18/02/16
They thought that I could be TUPE'd across to the new temporary provider that the CCG found but it was not appropriate for various reasons. I was informed of this on 21/03/16.
I am therefore left at the NHS Trust and instead of being offered redundancy am being offered a new job plan which is 70% General Gynaecology as well as reduction in theatre sessions
I do not believe that this is 'suitable alternative employment'
What are my alternatives?
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.
What would you like to achieve here?
Customer: replied 9 months ago.
redundancy
Expert:  Jo C. replied 9 months ago.
OK. Thanks. I am looking into this for you but my connection is weak. If you can give me a couple of hours I will be able to respond.
Expert:  Jenny replied 9 months ago.
Hello my name is***** am an employment law solicitor I am able to assist with this now if that suits you better. This is quite a complex situation. Please can you tell me why they said that TUPE does not apply?
Customer: replied 9 months ago.
Trust apparently was told by CCG that patients when phoning appointment line would have 'choice' of 3 different providers therefore TUPE to one organisation would not apply. I was the only staff member of this Trust involved.
I see that argument now in the past as the service has gone from this Trust as of 01/04/16
The issue for me now is Redundancy is my preferred option as opposed to being forced to accept what I believe to be unsuitable alternative employment
Expert:  Jenny replied 9 months ago.
Ok I understand the TUPE point now. With regards ***** ***** Redundancy situation, is there a perceived loss of skill or status?
Expert:  Jenny replied 9 months ago.
If there is an actual or perceived loss of skill or status in regards ***** ***** new role then you can argue that this does not amount to a suitable alternative employment and that you should be paid redundancy pay. In your situation if you are not going to be the head of a unit any longer and will not have the same theatre time (which can result in a loss of skill) then these will be persuasive arguments. You can raise with your employer that you do not believe that this amounts to a suitable alternative for those reasons and request redundancy pay. If they refuse to pay you can enlist the assistance of ACAS Early conciliation to assist you with starting a claim. Ultimately you may have to bring a claim in the Employment Tribunal, although I would hope this would not prove necessary. If you have any further questions please do ask. Otherwise I would be grateful if you would take the time to rate my answer so that I may be credited for my time. Thank you and all the best.
Expert:  Jenny replied 9 months ago.
Hi Suzanne, is there anything further you would like to know as I can see you have not yet rated my answer which is an important part of the process?
Customer: replied 9 months ago.
The proposed job plan is substantially different to my present one and not utilizing my subspeciality skills
The Contraception Service which I manage, of which TOP was the vast majority, will be greatly diminished therefore my responsibilities will be appropriately decreased
I do feel that reduction in theatre time will lead to deskilling.While we are still in process of consultation do I have to agree to doing duties other than what my previous job plan showed?
Does this all need to be sorted within 4 weeks of the loss of the TOP service [01/04/16] so 29/04/16?
Expert:  Jenny replied 9 months ago.
Were you ever given proper notice that the old role was redundant on 1.4.16 and that this is a trial period?
Expert:  Jenny replied 9 months ago.
I would suggest that you immediately raise a grievance to say that even though you are supposedly under 'consultation' your role was made redundant on 31 March 2016 and that you have not been given notice. You can state that you are currently in limbo as your role no longer exists and you have not been offered a suitable alternative employment. You should set out in detail why this is not suitable to you. You should state that you believe that you are currently in a trial period of an 'alternative post' but you have not been given correct notice and you have no intention of accepting this post as an alternative to redundancy so you therefore would like them to confirm that redundancy will be paid. In the event that it is not you can also potentially claim unfair dismissal as well as redundancy pay as it appears that there is procedural unfairness in the event the role has disappeared during the course of the consultation process. It is better if you do end your employment within 28 days of the old job disappearing as the risk otherwise is that you could be deemed to accept the new position. Is there anything further I can clarify for you. Please do remember to rate my answer before leaving the site as I am not otherwise paid for the time I have spent working on your question. Thank you and all the best.
Expert:  Jenny replied 9 months ago.
Hello is there anything further you would like to know Suzanne?
Customer: replied 9 months ago.
Following a consultation meeting on 24/03/16, I received a letter dated 11/04/16 titled 'Formal consultation Meeting'-termination of pregnancy service- saying that 'with effect from 23/03/16 we wished to consult with you concerning an alternative post within the Trust.' 'You enquired re redundancy -we wished to protect your employment but would send redundancy summary.
[The issue of redundancy was raised by the Trust in a letter dated 21/03/16- ' We want to use meeting [24/03/16] to discuss further some points ,being alternative role or redundancy ]
Do you regard this as proper notice that old role was redundant and this was a trial period?
I only agreed when I returned to work after 01/04/16 that I would continue to do my previous non TOP duties and no others till this was sorted. I continue to do that and have been rostered accordingly.
Expert:  Jenny replied 9 months ago.
if that is the case and you are not doing the other duties you are not on a trial period at the moment as you have not been given proper notice of redundancy nor are you being required to carry out the alternative role. I would suggest you do raise the grievance though about the fact it is not a suitable alternative and they have not given you correct notice prior to the role disappearing (becoming redundant).
Expert:  Jenny replied 9 months ago.
Hi Suzanne, is there anything further ? If I have answered your question please rate my answer before leaving the site. Thank you and all the best.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and 3 other Law Specialists are ready to help you
Customer: replied 9 months ago.
I will see what the response is from Trust Management subsequent to the meeting I had this morning with them when I informed them again that I did not believe the proposed job plan was 'Suitable Alternative Employment'
I will reiterate on paper to the Trust the grounds for my objections.Thank you for your advice Jenny and I too hope it doesn't get to Employment Tribunal.
Expert:  Jenny replied 9 months ago.
I do too. I am sure if you are firm and explain why it is not suitable to you they will seek legal advice and do the right thing. Do come back to me in the future if you need to.

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