Employment law question? UK only.?

I have been employed as a Bank Nurse in a private nursing home. I have worked for them for over 2 years now and have never been given a contract to sign.

I work 12 hours per week - that's one nightshift. I have recently learned that the manager is taking on more staff and I'm worried about losing my hours. I'd like a permanent contract - something the previous manager was going to sort out for me, but then the home had some problems and she left.

Can the new manager take my hours from me because I don't have a contract, or are they obliged to still let me work them and are they breaking the law by not having given me a contract sooner?

I know that I should have asked for one before now, but I have two kids, one with special needs, and I just didn't consider it. I'm worried that because I can only work one shift a week that I get pushed out. All the other nurses can commit to more hours, but I still need my job!

What should I do?

Cari

Technically, an employer is supposed to issue you with a contract within 8 weeks of you starting. However not having done this wouldn't really be classed as "breaking the law" - it's one of those things that lots of employers do forget, and clearly you've never chased them up about it.

Normally, if you haven't signed a contract, then this isn't actually a problem - because you've been turning up for work and they've been paying you, a contract of sorts has been established and you have exactly the same rights as any worker who has signed a contract. They certainly can't just dismiss you with no notice or no reason.

However, in your case, my understanding is that the term "bank nurse" means someone who is employed to cover shifts on an irregular basis, e.g. if other staff are on holiday or sick. Thus you are not actually *guaranteed* a set number of hours per week. In order for you to be guaranteed these hours, your title would be "part-time nurse" or something, not "bank nurse". Therefore I wonder if there would actually be any protection under employment law for you.

Your first step should simply be to talk to your manager about your concerns. Clearly I don't know what your relationship is like, but most employers value staff who have been there longer as they obviously have more knowledge about the place, and therefore would prefer to accommodate you over new staff that are being hired.

A word of advice though - all too often, judging from what I've read in this forum, people create problems for themselves by going into a meeting already on the defensive, trying to quote employment law to their employers and telling them that they're in the wrong. DO NOT approach it like this. Simply outline your concerns about losing your hours, state that you'd very much like to retain your hours, and let them take things from there.

Miss Typo!

u should have some sort of contract but not one stating hours.
as u are a bank nurse u are not obliged to work each week or can work more in a particular week and u can move around diff care providers.

u could ask if u can become an employee and have a contract stating u work one 12hr shift per week, but this depends on their budgets and so on.

if u are a valued employee hopefully they will give u this security, i hope it all goes well for you

DAVID P

I agree with Cari, talk to your manager and outline how you feel and seek some reassurance. If they are taking on more staff they may well welcome the fact that you wish to have a permanent role as opposed to bank. Should you eventually need it though my employment law experience would tell me that if you have worked for them for two years or over and have not signed a bank worker agreement and have worked without a significant break in your employment then you would be by default an employee regardless of any signed contract. If you then add in things like receiving bonuses, having performance reviews, being subject to internal processes just like any other employee then your case becomes stronger.
Try the soft approach first though. I am assuming as you have been there for two years that they are happy with your work.

Mr Rosenkrantz

My understanding is that a contract is not necessary to work for someone, it just defines terms clearly. Freelancers quite often work without a contract.

If you are worried that you have no "proof" that you worked the hours you have because you have no contract, I doubt that is a realistic worry because it would mean the new manager would have to pretend you haven't worked there. Obviously, you would have plenty of witnesses that you had, as well as records of payment and, further, if a contract was, in the new manager's eyes, mandatory, then the hospital is at fault, not you - they set the terms of your employment, not the employee.

Just sit down with the new manager and ask for clarification of your situation - i.e. a written contract. I'm sure they will be perfectly reasonable - and would find it more trouble than it was worth to be unreasonable.

Jennywren

This isn't a nursing home on Solihull is it?

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