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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49779
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Customer Question

Hi there
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for contacting us - is there something that you wish to ask?
Customer: replied 1 year ago.
What are the job entitlement ( or interview entilement for subtantiveconsultant post) for lucum consultant surgeon after two years of continuous emplyment and if any could you provide the example case/ court jurgement indicating entitlement for the job interview?
Expert:  Clare replied 1 year ago.
Which country does this relate to?
Customer: replied 1 year ago.
Expert:  Clare replied 1 year ago.
I shall opt out and a colleague with more knowledge than I can assist you
Expert:  Ben Jones replied 1 year ago.
Hello I am an employment lawyer. So to confirm - a locum has been employed in a position for two years and you wish to know if they are now entitled to be placed in this position permanently or at least be given the opportunity to apply for this post? What is happening with this post in general?
Customer: replied 1 year ago.
I am working as a full time locum consultant surgeon consecutively since March 2014 in exact capacity as a substantive post. This post is going to become a substantive post. Do I have right for job interview and If i am not shortlisted for interview what can I do?
Expert:  Ben Jones replied 1 year ago.
Thank you. There is sadly nothing in law which compels an employer to consider, interview or appoint a temporary worker like you into the substantive post they have been doing. The employer is free to appoint someone else and not even offer you the chance to apply for this position. Legally, employers have the right to choose who they employ and can make such decisions based on a wide range of factors. There could be a number of reasons why one candidate is chosen in preference to others or why someone is not given a job, even if they are generally considered to be the best candidate. It is generally lawful for the employer to use whatever factors they feel are relevant and appropriate in the circumstances to come to that decision. The only requirement in law is that the employer’s decision is not based on discriminatory grounds. That means that it should not base its decision on factors relating to gender, race, religion, age, disability, sexual orientation, etc. If its decision is based on any of these, there will be a potential case of discrimination and the affected person can potentially take this further. However, in the absence of any discriminatory reasons, the employer will rarely be acting unlawfully and will have the general power to be selective over whom it employs, even if it this generally appears to be unfair. There is one provision in law where anyone working on successive fixed term contract (i.e. for defined fixed periods) is entitled to have these contacts turned into permanent ones after 4 years, but this would not apply here if you have only been in this for 2 years and also if it was not a fixed term contract. 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
Customer: replied 1 year ago.
I did speak our human resources officer in our NHS foundation trust who verbally said I do have right to be offered interview if I did work more than 23 months consecutively within the same trust and in the same post.
However I do not have any document to confirm this or government, hospital guidelines / policy related to NHS locum consultant positions.Would appreciate if have any knowledge on this area.
Expert:  Ben Jones replied 1 year ago.
This would not be a legal right, it may be down to internal policy - as it is internal I would have no idea what the terms of this are and what rights you have as a result of such policy. So you will have to search for tis internally I'm afraid as this would not be covered by any registration. Each employer may have their own policies which will give you additional rights to those you get by law so unless I have sight of such policies I cannot advise on them. Hope this clarifies?
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.