Employer using previous terms against me

[jayhealthguy]

Hello, I work for the NHS as a fulltime permanent employee since March '23.

Prior to this I worked on the NHS Bank service (A flexible zero-hours style register) in the same position for 2 years at fulltime hours.

In June this year I had to take extended sick leave. My employer is saying I am not entitled to the full 3 years’ service length benefits due to my Bank service contract stating:

The fact that FSB offers you work, or offers you work more than once, shall not confer any legal rights on you and, in particular, should not be regarded as establishing an entitlement to regular work or conferring continuity of employment. Accordingly, your work for FSB does not constitute continuous employment for statutory purposes or for any other purpose. Therefore, you will not accrue any service-based statutory or contractual rights by virtue of being registered on the FSB Register.

This employment term ended in March '23 due to being made a permanent employee in the same post. The terms were replaced with standard NHS terms of employment which states:

12.1 An employee’s continuous previous service with any NHS employer counts as reckonable service in respect of NHS agreements on redundancy, maternity, sick pay and annual leave.

The FSB is a department of the hospital and therefore and NHS employer.

I feel like 2 years of service meant nothing, are they legally correct to do this? I read it as the current terms should supersede any previous terms?

Any advice is much appreciated.

[ULA]

When did you zero hours contract end in March and on what date did your new permanent contract start?

[jayhealthguy]

When did you zero hours contract end in March and on what date did your new permanent contract start?

1th March. Permanent position started the next working day

[jayhealthguy]

Should have been the 10th March

[ULA]

Who was your stated employer under your FSB zero hours contract?

[jayhealthguy]

Both positions employed by the same NHS Trust, same role, same salary.

[ULA]

The issue is that your initial contract clearly states that any service will not be considered for continuous employment but I guess that is on the basis as a bank staff person, on a zero hours contract, there are likely to be period where there is a break in service. The very nature of a zero hours contract.

As a starting point to try and assist, you will need to prove that you worked continuously as a bank staff member in that position with no break in service. If you can prove this, then you may have some push back to claim you are in fact covered under 12.1 of your new contract.