Employee rights for 0 contracted hours bank staff?

Question

Hi All

My partner has been employed by an NHS trust on a 'bank staff' basis , contracted for 0 hours for the past 3 years. She's worked in the same posistion, same department , same seat doing the same job for the 3 years mentioned.
She does not get paid holidays and is not entitled to sick pay (other than SSP).
She works on average 27 hours a week, 0830-1430 5 days a week

By law is she entitled to the same conditions, sick pay , holidays etc as a contracted member of staff as she has been in posistion for over 12 months?

Thx all

Slim

Answer 1

contact ur local cab

ciztizens advice beuro

sorry about the spelling

Answer 2

Yes, even as bank staff she is entitled to holiday - it's European law (Working Time Directive). I'm sure there was a recent decision in the European Court on this point. Bear in mind that different rules may apply if he's employed by an agency and not by the trust itself.

Even if she is not technically an employee of the trust however, she is still a "worker" so the Working Time regulations apply. She should get four weeks paid holiday per year.

I think the 12 month rule may be referring to the fixed term workers directive, which states that fixed term workers must be treated equally and limites the use of successive fixed-term contracts to get around employment law. Your partner however is not on a fixed term contract, so I'm not sure if this applies. Bank staff are more akin to agency workers. There is legislation in the pipeline but it has not been agreed yet nd is not in force.

Answer 3

Nhs Bank Staff Rights

Answer 4

I also work in the NHS and our bank staff do get annual leave, sick pay etc. These rights came in as a result of European Union employment legislation. A bank staff cannot by definition be given a contract for a stated number of hours as the Trust cannot guarantee work is available for that number of hours. Because of this bank staff accrue their entitlements as they build up their hours over the year. It is unusual for a public service employer to get these things wrong as they should be built in as standard practice. I would contact a union rep to persue the matter.

Answer 5

in case you signed a 0 hour contract it is all you are able to desire to do. in the event that they sack you, you will be entitled to a pair reimbursement depending on contract. verify it good. I had a 4 hour contract, replaced into working 35 hours, fell out with new handle and reported i replaced into basically arranged to paintings 4 hours as in line with contract.

Answer 6

Apply to trust authorities, what is wanted; they will give. There is less problems in Trusts as they have enough money; profit is never their motto.

Answer 7

anyone who works part time is entitled to the same benefits as full time workers.

Answer 8

if she been there that long then she has the rights under employment law