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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 55077
Experience:  Qualified Employment Solicitor
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I work for the NHS and we have gone through a restructuring

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i work for the NHS and we have gone through a restructuring process. I held 2 contracts, both at 18.75 hours at a band 4 and band 6 (the higher the band the more money). They are 2 separate contracts. in the first phase i secured a personal assistant post for the band 4, which was subsequently upgraded to a band 5. My band 6 role was in the last phase and i was unable to secure a post for this. I was therefore declared as being entitled to pay protection. I would think that because i was only unsuccessful for the band 6 role, i would only be entitled to pay protection for this role (18.75 hours) and not the band 4, now band 5, as i secured this post already back in February 2018. I need help to clarify my situation.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long have you worked for this employer?

Customer: replied 10 months ago.
2 years, NHS nearly 9 years

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, 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.

Customer: replied 10 months ago.
Thank you. if you need further information please do let me know.

Just to clarify, what is the employer's position on this?

Customer: replied 10 months ago.
They are saying they are paying me 18.75 hours band 4 and 18.75 hours band 6 although I have a new appointment letter clarifying band 5 dated 13th February which I signed.

Thank you. I would agree with your interpretation. You have two separate contracts and each should be treated independently, even if it is with the same employer. In effect, you will have two sets of separate rights for each post. If both of these were put at risk of redundancy and you managed to secure a suitable alternative post for one of them, that should then mean you continue in the new position on that contract, whilst the second contact is dealt with separately. If that second contract does not result in a suitable alternative post and it triggers the need for pay protection, it should only apply to the role under that contract, the employer should not just apply a blanket pay protection policy on all contracts you hold with them, it should only be on the affected one.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 10 months ago.
Thank you. This is extremely helpful. I have a meeting on Monday so I will reiterate my point in which you have confirmed.

you are welcome and all the best

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