Anyone know anything about employment law/rights?- Update page 4

[Princess Ariel]

I’m a band 5 staff Nurse, I qualified just over 3 years ago. Until the end of July this year I worked on a ward about 10 miles from where I live, there is another ward right next to this one which caters for a different type of patient. At the end of July I transferred to the same type of ward closer to where I live (same trust/Matron etc just closer to home).
This morning I became aware that two band 6 posts had become available on my previous ward. I expressed an interest only to be told that both posts had been filled, one to a current band 6 on my current ward and the other to a band 5 staff Nurse from the ward next to my previous ward. This band 5 nurse had actually interviewed for a band 6 post on her own ward but been unsuccessful so was offered the post on my previous ward (before anyone else even knew about the vacancy or had been offered to express an interest!) this nurse has a year less experience than me and has never worked on my previous ward.
I’m feeling it’s unfair that just because I moved to a ward closer to home that I’ve basically been overlooked for potentially two promotional posts, I haven’t even been offered the chance to express interest or apply for a post! It seems unfair that I haven’t even had the opportunity to apply when I worked on the ward for almost 3 years! yet a band 5 (who wasn’t even shortlisted 6 months ago for a band 6 on my previous ward!) with a years less experience and no real experience with that patient group has just been given the post!
Am I right to be feeling like this or is is just tough luck do you think?
I’ve spoken to my manager who I think is panicking as he asked me outright if I feel I’ve missed out on an opportunity because I transferred and is saying he’s going to try and convince our matron to create a band 6 post for me!

[Cherrypie]

It’s against the rules of open and fair competition which I presume exists as it’s a public sector post - it’s up to you how you take this forward - maybe through the union? X

[lizzie145]

They have to advertise both the posts properly to enable staff, internal and external, to apply.
There are times however when a job isn't advertised, eg someone at risk of redundancy or who needs to be redeployed.

What is unclear from your post is when those posts became available and I am not sure how you were not aware if it is the same matron.
If a band 6 has moved from ward a to ward b then there must be a vacancy on ward a which needs to be advertised.

Now that those staff have been appointed this cant be undone as not their fault, however you have the right to raise a grievance if you feels fair and transparent process has not happened.
If you are in a union then contact them, if not try a freedom to speak up guardian or follow the policy and submit it yourself.

[Dougie]

When you transferred closer to home, did you request it or did a vacancy come up ? The only reason I ask is that if you requested it , then maybe they thought you would not be interested in travelling again.

[Guest]

Your thread title asks about employment law. No, I do not believe any employment law has been broken here. The process could have been more transparent and indeed (not being familiar with NHS process) it may have been out of policy, but it was not illegal.

You could kick up a fuss about process if you wanted, personally I would leave it.

[TheHughesCrew]

We're they both advertised on NHS jobs? If they were, even for a short time, then it's probably just tough luck that you didn't see the advert. If the post wasn't advertised, they may be in a trickier position, but I'm still not sure it's 'illegal' as such...

[Tinkerbell]

Were they advertised as internal recruitment? Or advertised as general recruitment? Could it be you just did not see or were not aware of the roles that were being recruited for, I’m not sure it the job of the recruiter to inform anyone, apart from advertising the role, that a vacancy is available.

I agree with others, many factors here, but I’m not sure what, apart from animosity, will happen. They certainly won’t change their minds.

In my department (5 years ago so things may have changed) we would often have internal recruitments, advertised within the specialised area, especially for band 6 and above.

[Princess Ariel]

Originally Posted by Dougie

When you transferred closer to home, did you request it or did a vacancy come up ? The only reason I ask is that if you requested it , then maybe they thought you would not be interested in travelling again.

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No they asked me if I would transfer because the ward was short staffed and they needed more experienced nurses.

[Princess Ariel]

They definately weren’t advertised at all, the one band 6 only got a ward managers job on Wednesday this week and the other has been offered an uplift to another band 7 post. Neither of these band 6 vacancies have been advertised, One has been offered to a band 6 on my current ward (they want an experienced band 6 over there) and the other has been offered to a band 5 who had unsuccessfully applied for another band 6 on another ward, this has all been done in the space of 2 days so no time to advertise the posts.
I think they know they’ve messed up which is why my manager is now saying he will try and create a band 6 post for me.

[Guest]

Originally Posted by Princess Ariel

They definately weren’t advertised at all, the one band 6 only got a ward managers job on Wednesday this week and the other has been offered an uplift to another band 7 post. Neither of these band 6 vacancies have been advertised, One has been offered to a band 6 on my current ward (they want an experienced band 6 over there) and the other has been offered to a band 5 who had unsuccessfully applied for another band 6 on another ward, this has all been done in the space of 2 days so no time to advertise the posts.
I think they know they’ve messed up which is why my manager is now saying he will try and create a band 6 post for me.

See more...

Will they be advertising the band 6 that they will try to create for you? As presumably somebody else will complain if they hear of a new grade 6 job that they didn’t get the opportunity to apply for..

If they do think they messed up (and I am not convinced they did) then this surely is compounding not fixing an issue. Fixing the issue (if there is one) would involve ensuring the proper procedures are in place and followed next time, not creating roles because somebody complained.