Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Do you have a contract of employment with the NHS?
Thank you for your reply. Yes, but I haven't actually received a hard copy of it yet.
Thanks and do you ave continuous service with this employer - for example you mention you were previously employed by the NHS, has this service continued in the placement without a break and if so how far back does it go?We may miss each other on this over the weekend as I am not online full time so thanks for your patience, but I am dealing with this
Complicated as usual with the NHS. My main employment was via a different Trust up until September this year when I transferred to the current Trust and position in question. However, I have been registered as a 'bank' nurse for several years with this current Trust.
ok as a bank nurse you would not be deemed an employee as such, rather an agency worker so this time is unlikely to count towards your continuous employment with them. So ignoring any bank work and any taking into account any gaps between employment, when would you say your continuous employment goes back to?
For this trust - September 9th
you can include other trusts as well as long as the gap between them was less than a week and of course excluding bank work
I finished my previous position on 18th of August, having checked with HR that the subsequent gap between this time and starting in September would not constitute a 'break in service' for tax, payroll, etc.
Before this I was employed continuously since 2000
Ok well your rights will largely depend on your continuous service with the employer. As far as bullying is concerned, unfortunately it is something that happens all too often in the workplace. The Advisory, Conciliation and Arbitration Service (ACAS) defines bullying as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.” Whatever form it takes, it is unwarranted and unwelcome to the individual subjected to it.
Under law, specifically the Health and Safety at Work etc Act 1974, an employer has a duty to ensure the health, safety and welfare of its employees. In addition, they have the implied contractual duty to provide a safe and suitable working environment. That includes preventing, or at least effectively dealing with bullying behaviour occurring in the workplace.
In terms of what the victim of bullying can do to try and deal with such problems, the following steps are recommended:
In general, try and gather as much evidence as possible before considering making a formal complaint and certainly before going down the resignation route. As bullying often takes verbal form, the best way is to keep a detailed diary of all bullying occasions so that there is at least some reference in written form that the employer and/or the tribunal can refer to.
The university will have little control over what happens in your placement and they will have limited responsibility for this because this would be something for the employer to try and resolve. They can still be used to negotiate with the employer if necessary but cannot really be forced to do so. As such you are advised to try and resolve this with the employer.
Thanks for this very detailed reply. Just one more quick question: what is the legal status of a doctor's note which advises a change of working environment?
it is a recommendation which the employer needs to consider and implement as far as practicable, this will of course depend on the individual circumstances, the changes required, the resources available, the impact it will have on the business and others, etc