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can they do this to me??

5 replies

mogwai · 16/11/2006 20:35

I work for the NHS. Our department has a career break policy and I fulfill all of the requirements for this.

When I applied for the break, HR had some concerns but these concerns were ironed out.

Now they tell me I cannot have a career break because, in essence, there are lots of changes and re-organisations going on, and my manager cannot actually guarantee that my job will not change while I'm away.

I don't mind if it changes and will accept any changes made, but they haven't given me this option.

They have dragged their heels for two months over making a decision. This has led to considerable stress for me.

My husband has a job in Australia for 12 months and we leave in January. I will have to hand my notice in in three weeks time in this case.

Because the decision took so long (and was also handled badly, including my line manager witholding important information), we have had to go ahead and plan the trip. My daughter has now lost her place with our childminders (have handed notice in and place has been filled), we have remortgaged our house to raise funds, paid at least £1000 in visa costs and booked/paid for our flights, which cost £2000. My husband will not have a job in February if we don not go to sydney, so we really have no choice.

Questions - Is the reason they gave a valid one?

Also - they've left it so long, I have no choice now but to resign.

Considering a grievance procedure - what are your opinions?

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DizzyBint · 16/11/2006 20:42

i think it's down to the company policy. i would have thought that to cover their backs they can always say no for any reason. they don't have to offer career breaks at all do they? i could be wrong but i really think it's like a perk that they offer it, and if they know they can't be certain you'll have a job to back to then what option do they have? can you negotiate to have a job on same scale maybe, even if not exact same job?

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UCM · 16/11/2006 22:50

If the company handbook/policy that you signed for when you signed your contract stated that you have the right to this and you haven't signed for any updates to this, then you have the right to do this. If the company changed their policy on this, they needed to write to you and tell you.

Start off with the grievance procedue and speak to your union rep.

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mogwai · 16/11/2006 22:51

hmm should have said that 50% of my post is funded from elsewhere. This funding will not change and cannot be used for anything else, so yes, there will be a job for me to come back to. Their point is that the job might change.

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UCM · 16/11/2006 23:10

Your handbook should state what you will be able to come back to wrt any changes/job title/etc. hth

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smittenkitten · 19/11/2006 19:21

well yes they can do this to you in that you could raise a grievance but ultimately you have no sanction in law if they don't uphold your complaint internally. If your company doesn't publish a grievance procedure then try the ACAS website. Normal procedure would be to put your complaint in writing to your boss or HR. hope it works out and good luck wiht the move.

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