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Working in bank in NHS counts?

Posted: Wed Sep 30, 2015 7:26 pm
by nemerkh
Hello
My eea spouse works at 25 hrs permanent at the moment but she wants to change her field.
What is the stand on "bank" shifts in the NHS. If she can do over 25 hrs a week fullfilling the minimum threshold wage but not having a permanent contract will that count towards her being employed? Thanks.

Re: Working in bank in NHS counts?

Posted: Wed Sep 30, 2015 8:24 pm
by nemerkh
Anybody?
Bank by the way is like a zero hours contract. However the place she is going to are guaranteeing her the hours. She will be paid every week with payslips

Re: Working in bank in NHS counts?

Posted: Wed Sep 30, 2015 8:43 pm
by noajthan
nemerkh wrote:Hello
My eea spouse works at 25 hrs permanent at the moment but she wants to change her field.
What is the stand on "bank" shifts in the NHS. If she can do over 25 hrs a week fullfilling the minimum threshold wage but not having a permanent contract will that count towards her being employed? Thanks.
No minimum number of hours is specified in the regulations for a 'qualified person' who is a worker, https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

Re: Working in bank in NHS counts?

Posted: Wed Sep 30, 2015 8:53 pm
by nemerkh
Thanks.
am more concerned about the nature of employment. Its not a permanent post, its rather more like a zero hour contract.

Re: Working in bank in NHS counts?

Posted: Wed Sep 30, 2015 10:00 pm
by noajthan
nemerkh wrote:Thanks.
am more concerned about the nature of employment. Its not a permanent post, its rather more like a zero hour contract.
Did you read the guidance for 'worker'?

Re: Working in bank in NHS counts?

Posted: Thu Oct 01, 2015 6:47 am
by nemerkh
Yes i have
Ukba says you need to employed under a contract of employment. But am not sure where the Zero Hours Contract
Stands.

Re: Working in bank in NHS counts?

Posted: Thu Oct 01, 2015 7:40 am
by noajthan
nemerkh wrote:Yes i have
Ukba says you need to employed under a contract of employment. But am not sure where the Zero Hours Contract
Stands.

Page 11 seems quite clear:
Effective work may have no formal contract but should have:
  • something that is recognisably a labour contract;
    an employer;
    agreement between employer and employee that the worker will perform certain tasks;
    the employer will pay or offer services (such as free accommodation) or goods for the tasks performed;
If you have some or all of these things you are probably good to go.
(Don't forget in English law a contract doesn't have to be written, it could be verbal).

Re: Working in bank in NHS counts?

Posted: Thu Oct 01, 2015 8:37 am
by nemerkh
Oh thanks buddy. I didnt know that.

Re: Working in bank in NHS counts?

Posted: Thu Oct 01, 2015 10:37 am
by noajthan
nemerkh wrote:Oh thanks buddy. I didnt know that.
Background info (not just for immigration purposes):
https://www.citizensadvice.org.uk/work/ ... mployment/