Forced to resign?

[beans-85]

Hi.

 

I'm hoping someone could help me.

 

I've worked for the NHS for nearly two years. I'm a permanent staff member and work part time 28hours per week and work bank/agency to make my full time hours up.

 

I'm hoping to go to university to study full time (a course that is related to my job actually).

 

My boss is not impressed that I want to go to Uni while staying at work also.

 

I know that I can do both, actually I'll have more free time then I do now cause I'd stop the bank work. (I tend to work a hell of a lot of bank).

 

My Uni timetable would be 6 months in advance. We self roster our shifts at work. (I do 2 full days and 1/2 a week). So I know I can work around each other.

 

Other full time members of staff currently go to Uni 1/2 a week in their own time and that it is seen as fine.

 

One full member of staff went to college full time. And our boss wasn't happy about it. But it still happened.

 

My point is. If my Uni doesn't affect work and when I come to work. Can my boss actually make me resign or anything??

 

Thanks in advance.

[happyhelper]

Hi Beans .

 

I may be being thick, but I'm unclear what NHS "work bank/ agency" is. Are you employed under a contract of employment and when was your first working day ? Was it before or after 6 April 2012 ?

 

As a first point of contact have you called ACAS ? They offer a free and confidential helpline re a whole raft of "workplace disputes". The helpline is open Mon to Fri from 8am to 8pm. Contact # is 08457 47 47 47, but in my experience, and that of many others, ACAS advisers are generally very good and you can call them time and time again. Please mention to them answers to the above queries as it may have a bearing on the guidance they offer.

 

At this stage I'd simply suggest calling ACAS, explain your concerns and let us know what they say.

Edited February 24, 2014 by stu007
Removing Some CAGGERS criticise ACAS

[beans-85]

Hi. Thanks for your reply.

 

Bank work is where you work somewhere in the NHS as sessional staff when the staff numbers are short. It is separate from your permanent contract. It's like a zero hours contact really.

 

I started 26th of May 2012.

 

I'm with a union. But I'll certainly will call ACAS tomorrow. Thank you!

[happyhelper]

Ok. Well a Union can also be helpful. Let us know what they and ACAS say. I'd imagine the latter will be more accessible.

 

re your contract. Again I'm a tad confused. Do you have a permanent contract as well as a zero hours contract !? Or am I just been plain daft ?

[beans-85]

Yes. That exactly what I have. A permanent contact for 28hours per week.

 

And a zero hours one. (Which is also permanent)

 

All in the same hospital.

 

Thank again.

[stu007]

Hi bean-85

 

Just for clarification you are a permanent staff member but work Part time 28hrs a week.

 

You also work bank/agency to make my full time hours up, which is like a Zero hrs contract which started 26th May 2012.

 

So your Part time and bank/agency are two separate contracts and the issue is with the bank/agency work?

[Emmzzi]

what does your 28 hour contract say about your hours? There is an opportunity to make your life very difficult depending on what it says!

[beans-85]

The above is semi correct.

 

The issue is with the 28 hours part of my job. My boss isn't happy that I want to go to Uni full time. Because he thinks it will affect me working my 28 contracted hours. Ie. I'll not be classed as flexible or late for work etc.

 

The bank work. - I can ring up tomorrow and tell them I don't want to work there anymore and that's the end of it. That not a issue.

 

I only mentioned the bank because for the past 2 years I've worked on the bank to do extra hours. And not once has it affected my 28 hour contract. So therefore Uni work shouldn't affect my 28 hour contact. Especially since, that when I start Uni. I will stop doing any bank work. I will only work my 28 hours.

 

I'm rubbish at explaining things )) hope that makes sense. And I really am grateful for any advice.

[Emmzzi]

if your 28 hour contract has set hours which fit around uni, you are probably ok. If it's flexi hours and the boss has the right to choose them, he could really mess you up perfectly legally. That's what I'm asking about the 28 contract.

[beans-85]

what does your 28 hour contract say about your hours? There is an opportunity to make your life very difficult depending on what it says!

 

Hi, Emmzzi,

 

It just states that I work 28 hours per week. Where I work is 24 hours 7 days a week ward so I must be willing to work all hours around the clock. So my shifts could be anything. BUT we self roster. Ie. We put our own shifts on the rota according to what we want to work. And as long as it's fair (we all do the odd weekend etc) and all the shifts are covered we are allowed to get on with it.

[Emmzzi]

So your problem is if they decide to change that system and go for controlled rostering. I'm just saying, they don't have to sack you in order to make life difficult. This is a much more subtle way to do it and how evil bosses minds work.

 

Legally bank work is bank - no obligation to offer or take up any work from either party, so stopping should be ok (and you may want to do more in holidays anyway?)

[beans-85]

I agree totally. Working on the bank only would be ideal.

 

I do have hidden agenda though too. Bank work is hard on your feet and very tiring. There's no guarantee of hours and I would have to give back my lease car.

 

My 28 hours job is easy, I get paid more and get my lease car.

 

I really do want my cake and eat too don't i?

[beans-85]

So your problem is if they decide to change that system and go for controlled rostering. I'm just saying, they don't have to sack you in order to make life difficult. This is a much more subtle way to do it and how evil bosses minds work.

 

Legally bank work is bank - no obligation to offer or take up any work from either party, so stopping should be ok (and you may want to do more in holidays anyway?)

 

Even controlled rostering though, would be okay because I can plan my Uni time around it. Worst case scenario.

[Emmzzi]

Unless they roster you against lectures?

[beans-85]

Unless they roster you against lectures?

 

True. But to take away self rostering, they would have to do it for the whole team not just me and that would cause ww3. My boss would take on one person but not all 30 of us. Lol.

 

But all long as I do my hours and fair share of the weekends, night shifts. They can't make me leave my job?

 

Thanks for your help, great forum

[CraigMcK]

Please remember that for up to 2 years they can drop you fairly easily. You might not want to make too many waves!

[beans-85]

Please remember that for up to 2 years they can drop you fairly easily. You might not want to make too many waves!

 

Thanks, It would be after my two year anniversary at work that I would even find out if the Uni would even accept me.

[Emmzzi]

Then don't talk about your application at work or ask that boss for references