I was only given an agreement as far as I can tell. When I applied for the position I was given a conditional contract of employment which is the standard conditional contract for ngs jobs as far as I'm aware, but when it was completed I got this agreement. What do you think? I had constant "assignments" during the period in question snd no leave longer than a week. bank contract anonymised.pdf

I managed to get hold of my first payslip from my bank work where I was automatically entered into the pension. I have removed my personal details, but do you think that this shows proof of employment in order to receive benefits such as continuation of service? 1st bank pay slip with pension deductions.pdf

Hi Bazza, can I just check who you mean by OP?

Thanks Homer67. In all the emails and documentation I have it never mentioned the word contractor and it was so misleading as they entered me into the nhs pension and my pay was standard AFC band pay plus a slight uplift for annual leave rates... it just seems so wrong

I haven't tried ACAS but I will. Thanks for your help

No I'm not in a union and I don't particularly want to join one either.

I have completed the request form they asked for and got my manager to sign off on it along with their reasons for why it is relevant work history, but we've just been told no because they don't accept bank work. I've even written up a page ir two quoting the AFC and the acts and why it should count but they don't address my questions. They just tell me they don't accept agency work. I've sent in my payslips and total rewards statement for the pension and everything I could think of but they either won't accept the evidence or don't acknowledge it. I think its either I give up because its easier , or I get some sort of employment law advice because it seems wrong to me and I want to stand my ground. It just seems completely wrong that they could accept a foreign firm of health service work as part of continuous service but not bank work with an NHS Trust in this country. That to me is discriminatory.

Hi, thank you. Yes I have, but I don't really get any discussion, I tried to ask for an appointment to speak to a senior manager about it but I didn't get one. They just say it doesn't count. It just doesn't sit right as there seem to be reasons and legal precedents where 0 hours contract workers have gained the same rights as employees before if they meet certain criteria which I feel I did

I have read through the Agenda for Change policies, appendices and FAQ-s and I have read associated documents from the employment act and discrimination act I think my bank work (0 hours contract) should be recognised as part of my continuous service in the NHS as it meets several factors of employment. I never had more than 7 days off work in the whole of my bank work, I was employed directly by an NHS trust not an agency, they added me to the company pension automatically, I had agreed hours and a manager for each assignment who oversaw my work etc. I feel that as the term bank work or worker is not in the AfC policy and worker is not a legal term, that I should have my bank work recognised as part of my continuous service. I have tried to speak to HR at NHS England but each response I've had is negative and they have quoted sections where it talks about agency workers not qualifying for this employment benefit. Is someone able to help me understand why they record bank work for years of reckonable service on your IAT but it doesn't count towards continuous service? Nhse are going through potential redundancies and if I am made redundant i won't get any pay out as they are only counting my continuous service from when I joined them last year, however I have many years reckonable service which would come to 8-10months worth of pay. I was working for the NHS since Jan 2020 In this most recent stint with some of that being continuous bank work.