How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Senior Partner Your Own Question

Senior Partner
Senior Partner, Solicitor
Category: UK Employment Law
Satisfied Customers: 13234
Experience:  30 years experience
Type Your UK Employment Law Question Here...
Senior Partner is online now
A new question is answered every 9 seconds

Tribunal hearing.

Resolved Question:

Hi,


 


I have a Employment tribunal hearing tomorrow morning. Can you please quickly answer following especially question 1 and 2?


 


I am a doctor who has previously worked both in regular NHS appointment; and also as a locum doctor (for period lasting from 1-6 months in each stretch) in NHS but through employment agencies on the payroll of employment agencies. I have again started working for NHS directly in a permanent job. I have now a dispute regarding counting of my previous NHS service for the purpose of Sickness allowance entitlement. My Human Resource department is reluctant to take into account my previous work in NHS hospitals which I did through private locum employment agencies. They are citing NHS Terms and Conditions of Service rules which can be found on the following link http://www.nhsemployers.org/SiteCollectionDocuments/Hospital_Medical_and_Dental_Staff_TCS_March_08_cd_160209.pdf I reproduce some of the relevant paragraphs from the above link. Most relevant are paragraphs 213, 228a and 243.


 


 


 


Continuous locum service


 


213. For the purposes of paragraphs 123, 211, 212 and 243, "continuous locum service" shall be taken to mean service as a locum in the employment of one or more authorities uninterrupted by the tenure of a regular appointment or by more than two weeks during which the practitioner was not employed in the NHS.


 


.....


 


 


 


Previous qualifying service


 


228.a. For the purpose of ascertaining the appropriate allowance of paid sick leave under paragraph 225, all periods of service (without any break of twelve months or more, subject to sub-paragraph b. below) under any employing authority constituted under the National Health Service Act 1977, or any local authority, or in the Civil Service or the teaching service, or any other service approved by the Secretary of State for the purposes of the NHS Pension Scheme Regulations 1995 (as amended).


 


.....


 


 


 


Locum tenens


 


243. For the purpose of sick leave allowances, a practitioner's service shall be taken to include locum service. A practitioner who has reached age sixty-five, and who does not hold a contract under paragraph 200.a, shall not be entitled to sick leave allowance, unless immediately beforehand the practitioner has completed at least three months' continuous locum service; three months' continuous locum service having the meaning assigned to it in paragraph 213.


 


 


 


My questions are:


 


 


 


1. Is the 'service' word synonymous with 'employment' in these rules? This is important for me as some my work in NHS hospitals were as a locum doctor via employment agencies and I want to know if those works are covered in the 'service' category?


 


 


 


2. Language of rule 228a is bit confusing to me. There is a mention of a service to be approved by the Secretary of State for the purposes of the NHS Pension Scheme Regulations 1995. However what I do not understand is that, is this approval necessary for 'other service' only, or it is applicable for all services mentioned in 228a? This is important for me as my locum services to NHS hospitals were via employment agencies on the payroll of the employment agencies and thus I was not under NHS pension scheme.


   


3. In a nutshell I want to know if my locum services to NHS hospitals via employment agencies on the payroll of the employment agencies, should be counted or excluded for the purpose of calculating the sick allowance.


 


 


 


Thanks


 


K


 

Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Senior Partner replied 1 year ago.
Thank you for your question. I am sorry to say I think you have no case. For calculating continuity normal context it requires employment. This seems pretty clear here as well from the wording of the rules:

See 213 " "continuous locum service" shall be taken to mean service as a locum in the employment of one or more authorities.

Working for an agency is not employment by an authority.

Unless you can demonstrate some custom or practice there seems no basis for your claim
Senior Partner, Solicitor
Satisfied Customers: 13234
Experience: 30 years experience
Senior Partner and 3 other UK Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    7575
    Expert in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    7575
    Expert in UK Employment Law
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny McKenzie's Avatar

    Jenny McKenzie

    Satisfied Customers:

    1738
    10 Years of experience in Employment Law and HR
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    377
    solicitor
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    150
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    82
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    71
    Solicitor and Advocate
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    46
    LL.B (Hons), Higher Prof. Dip. Law & Practice