Can Substantive post be made redundant whilst on secondment

Hi

I work in the education team at a LA and am about to start a 2 year secondment that works across the Council.

Its looking more and more likely that my substantive post and possibly the whole team (inc line manager) i work in will be made redundant - do any of you lovely HR people know where i stand legally as i thought they had to hold your post open for you to return to once the secondment is finished?

Replies

  • Spirit_2Spirit_2 Forumite
    5.5K Posts
    In my organisation if you are on secondment and your substantive post is to be made redundant you would be included in the consultation. Secondees do not enjoy more protection than anyone else who is not on secondment. It may be that duration of employment in the seconded role defers a termination date.
  • CKhalvashiCKhalvashi Forumite
    11.2K Posts
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Forumite
    Spirit wrote: »
    It may be that duration of employment in the seconded role defers a termination date.

    Which could possibly work in your favour, especially if it takes you over a year marker with regard to negotiating a redundancy package.

    Whether, legally, you'd be entitled to a higher rate if the secondment is paid at a higher rate, I'm not 100%, however.

    CK
    💙💛 💔

    I can spell, my iPad can't.
  • Torkijo wrote: »
    Hi

    I work in the education team at a LA and am about to start a 2 year secondment that works across the Council.

    Its looking more and more likely that my substantive post and possibly the whole team (inc line manager) i work in will be made redundant - do any of you lovely HR people know where i stand legally as i thought they had to hold your post open for you to return to once the secondment is finished?

    Secondment is an arrangement with the employer, and to that extent the question of whether they have to hold the post open would depend on the terms of the secondment. In other words, the right to return is not enshrined in law, like maternity leave, for example.

    So no-one here can tell you where you stand legally, we'd just be guessing (though ifI had to guess, I'd say that an employer cannot be compelled to retain a post which no longer exists).

    So you will need to look to the terms of your own secondment and/or speak to your LA's HR dept.

    Also, your employment contract will tell you whether it incorporates collective agreements (as you work for an LA, this seems likely). In that case, if you don't get a satisfactory response from HR, you might also want to discuss this with the union.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • TorkijoTorkijo Forumite
    503 Posts
    Part of the Furniture 100 Posts Combo Breaker Home Insurance Hacker!
    Thanks for these.

    Talked to HR and basically near the end of the secondment i would be put on the at risk register, then redeployment list and then redundant if no other solution appears.

    To be honest happy to have 2 years more work in these times of cuts.
This discussion has been closed.
Latest MSE News and Guides

Iceland's helping struggling pensioners

It's giving out free £30 food vouchers

MSE News

Who can suggest a top-notch bed?

This Forumite's mattress is in need of a base

MSE Forum