NHS: Discretion Applied Then Reversed – Grievance Upheld but No Remedy (VR)

[NHSHELP2026]

I’m looking for some guidance on an NHS employment issue involving reckonable service, misrepresentation, and detrimental reliance during a Voluntary Redundancy (VR) process. Unfortunately, I am not in a union and I cannot afford a solicitor, so I feel quite stuck.

Last year, I raised a formal grievance about my NHS start date. During that process, senior HR confirmed that discretion had been applied to recognise my previous employment as NHS service. They corrected my record and confirmed this in writing.

To be clear, I fully understand that my previous employment was not NHS service in the strict sense. The issue is that the Trust chose to apply discretion, confirmed this at senior level, corrected my record, and implemented that decision. I relied on that confirmed position.

This year, during the VR process, the same corrected service date was used again:

- ESR showed the corrected service
- My VR estimate was calculated using that service
- A settlement agreement was drafted using that service
- I relied on this information when making decisions about VR and my financial situation

However, HR have now reversed their position again. They are now saying that the previous confirmation was an error, that they have “corrected” it, and that they do not use discretion. This directly contradicts last year’s grievance outcome, where senior HR explicitly confirmed that discretion had been applied and implemented.

I raised a grievance. The grievance was upheld, confirming that the Trust had given me incorrect information. However, no remedy was offered, and the Trust is still refusing to honour the service they previously confirmed and implemented.

I now have a grievance appeal scheduled, but based on the Trust’s current position, I am concerned that the outcome may already be predetermined.

This situation has caused me significant detriment because I relied on the confirmed information when considering Voluntary Redundancy and making financial decisions.

I would really appreciate hearing from anyone who has been in a similar situation, and whether it was resolved, as I feel quite helpless without representation.

I’m trying to understand:

- whether this situation amounts to misrepresentation
- whether a Trust can reverse a confirmed and implemented discretionary decision by later calling it an “error”
- whether reliance and detriment are relevant here
- what my options are before or during ACAS Early Conciliation
- whether an upheld grievance with no remedy has any weight

Any guidance would be really appreciated.

Thank you.

[Worker101]

Do you have any evidence (written) confirming continuous service dates. Emails and letters from HR, screengrabs of the ESR dashboard before HR reverted to new dates. Or have they merely said it is a mistake. And have you checked with NHS pension as this is linked to service - latest statement will confirm. Was the related grievance decision made in writing and does it explicitly state the reason for upholding.

have you contacted payroll to check what dates they have record for redundancy calculation and sending to HMRC. Does the payment cross the threshold to be liable for additional tax deductions.

is there anything in the NHS staff handbook that supports you and the decision to increase your service length at the discretion of the NHS.