Legal Advice ( employment law )

markyboy.1967

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Mark Molloy
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Ok here is the situation-

My wife has worked for the NHS for aprox 5 years, the first 3 of which she was a medical lab assistant ( in hospital no.1 ) whilst she did her uni degree/honours etc. Whe she finished uni she already been interviewed for a 2 year post in hospital no.2 ( but still within the lanarkshire area and it was even her boss who did the interviews for her new job ). She got the 2 year post as a biomedical scientist in the new hospital ( there are 3 hospitals all in a group and run by the same managers ). She worked there for just over a year when her original manager told her of a permanent position in the 3rd of the hospitals as 2 people had emegrated. She was interviewed by this same old manager, the 3rd hospitals manager and another senior manager. My wife and her friend got the application forms which had the job ref number on them etc and applied. Both my wife and her friend got the positions and had to fill out disclosure scotland forms and several other forms for references etc--all of which were checked. My wifes friend was allowed to go to the new position 2 months before my wife as the current hospital ( hospital number 2 ) said they were strugling to release her.

My wifes friend was given a contract but her new manager said it was incorrect and tore it up, she was sent another new contract again with issues and this was binned as well.In the mean time my wife moves to the 3rd hospital and has worked there for over 2 months and has been promised several times that her contract will be with her by her manager who was on the interview panel.

Now the good bit-
Due to all the cutbacks etc within the NHS my wife was getting worried and wanted her contract, she spoke to her manager who again said he would chase this up.My wifes contacted the personnel department to enquire why she never had her contract sent out.Personnel told her the jobs were pulled and that she was still on her original temp contract--which finishes in June. She said there must be a mistake but personnel checked and there is no funding for a permanent position at the 3rd hospital.

So in short my wife and her friend were interviewed for a position which was pulled but they were never ever told of this and now being told to treat the move as a transfer betwen the hospitals ( you dont get references or disclosure scotland for a transfer ). My wife has an extra 1.5hrs travelling per day, she has lost out on aprox £300-£400 each month since moving.She would never have agreed on a moved if it was a transfer between hospitals and not the full time job.

At the interview she was told it was a permanent position, she has the original email from the manager from hospital 1 and who was also on the interview panel for the permanent job stating it was permanent.Her manager from hospital no.2 has written on her leaving card congratulating her on her permanent contract. The way i see it was that there was a verbal contract entered into which the NHS have not fullfilled and other evedence that my wife applied for and was granted a ful time position... So any legal eagles know about employment law and suggest ways of moving this forward.
 
Go to the CAB and seek proper legal advice. An internet forum about photography really isn't the best place to be asking for information you'd need to rely on in court.

Go to someone who DEFINITELY knows their onions and be sure of the information you receive.

(That sucks by the way :thumbsdown:)
 
Simmotino--thanks for the reply and we will be getting advice but would like others thoughts as i know some are up to date with employment law and can offer good advice also remember this is the " out of focus " area and the perfect place to put this on the forum..:thumbs:
 
Simmotino--thanks for the reply and we will be getting advice but would like others thoughts as i know some are up to date with employment law and can offer good advice also remember this is the " out of focus " area and the perfect place to put this on the forum..:thumbs:

I wasn't suggesting you'd posted it in the wrong place, I meant it's not the best place full stop to be asking for definitive legal advice.

The first reply says one thing, the second then says something different. Which is right? Would you put your house on one being right over the other?

Forums are great for opinions, but for issues such as legal matters, are potentially VERY dangerous :shake:
 
Agreed, ask even a mundane question on any forum on any subject and you will get a staggering diversity of answers all sure that they are right or that there advice is the best. In most cases the advice is good and at the very least raises points you may not have considered but yours is not about spending your money wisely on the best lens or how to calculate depth of field. These are important issues and needs dealt with by a qualified professional.

Remember, opinions are like A*******s everybody has one. ;)

Good Luck.
 
I wasn't suggesting you'd posted it in the wrong place, I meant it's not the best place full stop to be asking for definitive legal advice.

The first reply says one thing, the second then says something different. Which is right? Would you put your house on one being right over the other?

Forums are great for opinions, but for issues such as legal matters, are potentially VERY dangerous :shake:

Sorry i misunderstood you.:cuckoo:
 
Cheers. I have told her for now to make all contact with personnel through email so she has a written record of the events. She has printed off her original email saying the job was coming up and was permanent ( this was a manager on the interview panel who sent this ). She is talking to her manager today and has also informed her union rep that there may be an issue.
 
Rock with the union first, they have lawyers etc. to sort this kind of thing.
 
As stated, we are no experts here (OK, there may be one or two) but I see that your wife has grounds for a case of constructive dismissal and this is the line I would follow up with a legal advisor.
 
If she is in a union then get hold of the rep. and tell him/her what has happened. That is why you pay union subs. They will have access to experts and lawyers and have probably had similar cases in the past.
 
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