Public Sector contract - advice needed

Kazzabell80

Hi

I am hoping that someone will be able to give me a little bit of advice re my OH's contract. I have a feeling there has been an oversight (or whatever you want to call it!) but this is a quick overview on his current position;

Currently works for the LA and started on a permanent contract in June 2008. In October 09, he was placed on a secondment to another position with the LA (different department).

The secondment was due to end in March 10 but was rolled on for a further 12 months (with the agreement of his current and previous manager - letter at home), then again in March 11 but this time only for 6 months (as longer temp contracts are now not given due to cutbacks) - again letter at home.

He thought that everything was fine until nearing the end of the contract last September, when chatting to his old manager who said that they had given his sustantive post away to the guy that was covering his secondment and that there was now no longer his permanent position available :eek:

Luckily, his post was rolled again and the letter received again stated that his 'secondment had been extended' to March 12 (although I have my suspicions that this was more to do with the fact that someone had made such a mix up).

Of course, he is now in the same position as he was in September and his manager is very relaxed about giving a straight answer which is in no way helpful to us.

OH currently has 2 job apps in but hasn't heard anything back from either of them yet (both with same LA).

I didn't think that a perm post could be given away when someone was on secondment - surely they would need to be notified if this was on the cards and given the choice to return to their old post, but even that would only happen at the end of the agreed secondment period?

Also, he isn't a member of Unison.

Sorry - not quite the overview that I'd hoped!

SarEl

It depends on the conditions of the secondment - did he get them in writing? Bet he didn't.

There is no legal duty on the employer to keep a substantive post available, and certainly not for two years. That is why the written terms of the "secondment" are important. In some local authorities, for example, "acting up" or "secondments" become the substantive post after a year. It therefore depnds heavily on what their policy is and what was agreed at the time.

Kazzabell80

Thanks for your reply SarEl - yes, all secondments were in writing. The T&C's of secondments for our LA (I work at the same LA), is that the secondment must be agreed by both managers at a fixed term.

Incidentally, I have covered a secondment in a previous post and that post was rolled on for a period of 5 years. I can safely say that no such policy is adopted by our LA as I have also acted up for almost 2 years before I secured a perm position (in a different lower paid post).

Kazzabell80

Had me question myself so thought that I would double check the T&C's of the secondment policy and it states;

1.1 Employees selected for secondments will return to their substantive posts at the end of the secondment, and shall have the right to do so;


Like I stated in my original post, I think that someone has made an error with the contract and so my question really is where exactly does he stand now?

SarEl

Giventhat is all the case then this is the employers problem to sort. I can't tell you where he stands because they need to sort it. He has a right to the substantive position (given what you have said) but how they are going to resolve this is anyone's guess right now. You'll have to wait and see, then come back if not happy