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Secondments and employment law (England)

Rip the TV EyeRip the TV Eye Posts: 1,687
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in Advice #1
I've recently been accepted for a secondment in the company I work for, in a different department. This will last for at least 12 weeks but there are no guarantees as to how much longer it will last.

Originally a temp was going to be hired to cover me while I was away and my start date was agreed with my manager. However, before I left to go on holiday last week, my manager told me that now this wouldn't be the case - if I left on secondment, my job would not be kept open and my replacement would be permanent. In effect, when the secondment ended, I would not have a job at all.

I was speaking to my dad last week and he said that under employment law in England, if I am on secondment and it ends, the company have to offer me a job, even if it's not the one I originally left. Could someone versed in employment law please confirm this for me, as I'm back in tomorrow and would like to challenge their decision if possible.

I'm not at all bothered about not going back to the job I'm in now, any position in the company would be fine for me.

Many thanks in advance!

Comments

  • oulandyoulandy Posts: 18,242
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    #2
    Ring ACAS - they're available until 8 pm.
  • solarflaresolarflare Posts: 22,378
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    #3
    I don't know anything about the law but I thought the whole point of a secondment was that it was a temporary situation...! The way this sounds effectively you're not going on secondment at all because you're basically transferring to a different position, you won't be going back to your old job. But maybe that's all accounted for in whatever employment law it falls under.
  • LushnessLushness Posts: 38,167
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    #4
    They shouldn't have used the word "secondment" as it indicates that you can return to your substantive post at the end. All they needed to use were the words "fixed term contract," then you would have no recourse to go back to your old post.

    I don't know why companies do it to themselves.

    Get some advice from ACAS OP.
  • michael37michael37 Posts: 2,622
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    #5
    How long have you been an employee of the company? Is your current position permanent, temporary or fixed term?
  • BerBer Posts: 24,562
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    #6
    This might help clarify things, but it seems it would depend on the wording of the agreement/contract as to whether you are actually on a secondment or not.
    http://www.workplacelaw.net/human-resources/info-centre/guides/44660/secondment
  • jojoenojojoeno Posts: 1,842
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    #7
    Look at your Contract of Employment , it starts the day you began employment , and go from there with the HR department or even better, your trade union rep they will definitely advise of your rights and protections.
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