Secondment

Frosty1887

Hi,

i am seeking advice on a current situation. Employee A is on secondment in the business. Meanwhile their old role as been given permanently to another Internal  individual whilst employee A is on secondment. The employer has told employee A that they commit to giving them a role at the same level when they return from the secondment. Is this legally right? What are the risks to the employee A?

thanks

Savvy_Sue

That the job on the same level isn't attractive? Unusual to do this but probably not illegal. After all an employer can change job description, role etc as the needs of the business change.

Frosty1887

The old role for employee A is still the same role (no change to job description/job duties etc). Should employee A be entitled to move back to that role if they wanted to? And their constant states that too. 

Thanks 

oh_really

If you have a contractual right to return to your substantive post what's the problem?  Not your issue if the employer has put someone else into the role, they can be moved, no.

Union?

Sandtree

How long is the secondment for? Were there any discussions about their potential return at the end of the secondment prior to them taking it? How long will they have worked for the company by the end of the secondment?

In most companies I have worked with/for secondments for up to 6 months the original job is left open and back filled with a secondee or a temp etc whereas if the secondment will be longer then a perm replacement is considered. All of this however is part of the discussion before the secondment starts. Many secondments do end up being a perm engagement and so the what job they find you at the end of a 9 month secondment etc becomes a moot point. 

Frosty1887

The secondment for employee A will be 20months at the end. There has been an extension of it during the role but when it was extended both employers agreed for the extension to happen. Contract has always stated to move back to substantive role including the secondment extension contract. The secondment will not become perm and employee A is happy to move back. Employee A has worked for the company for over the 10years.

Thanks

AskAsk

don't see a problem, legally or otherwise myself.

Frosty1887

AskAsk said:

don't see a problem, legally or otherwise myself.

Don’t see a problem in that employee A should be ok to move back to their old role? What happens with employee B that has been given that role permanently whilst they are on secondment?

thanks

AskAsk

Frosty1887 said:

AskAsk said:

don't see a problem, legally or otherwise myself.

Don’t see a problem in that employee A should be ok to move back to their old role? What happens with employee B that has been given that role permanently whilst they are on secondment?

thanks

organisations structure are complex and if there is work to do, new roles can always be created or employees moved between roles within the company.  i wouldn't worry too much about what will happen in 20 months time as that is a life time away, especially in the current climate.  earth may stop to exist and we are overrun with zombies, lol 

the company may stop to exist, people are made redundant, who knows what the future is going to be like in a couple of months, let alone 20 months.

we had people seconded to australia to work in our company for a couple of years and while they are away, other people have replaced them.  but then they came back and carried on as normal.  never was any problem for them.  the situation you describe is quite normal so i wouldn't get too worried about it.

Savvy_Sue

At what point in the 20 month period are we?

I'd strongly advise the employee to join a union if they have any concern that their contract may not be honoured, or that an acceptable job may not be available. (Actually I'd advise them to join anyway.)

Frosty1887

Savvy_Sue said:

At what point in the 20 month period are we?

I'd strongly advise the employee to join a union if they have any concern that their contract may not be honoured, or that an acceptable job may not be available. (Actually I'd advise them to join anyway.)

They are at the 17/18 month mark of the secondment. The old employer is still yet to communicate what role would be offered. If it’s the same role as before or a different role at the same level.

Thanks for the advice with unions. I don’t believe they are with a union. 

Thanks