How have my employment rights changed if i have been seconded for 5 years?

8th Jul 2019

I was seconded to a full time-post with a higher salary in August 2014. The role was created due to a new legislation and the budget for this has depleted. Every year since the secondment contract has been extended and yet again this year until August 2020; effectively I would have been in the role for 6 years. My substantial post is under review and such I have not been involved as I am still in the seconded position. How would my employment rights changed given I have been in the role for so long? I understand that secondments are a bit of grey area as there is no clear guidance on the length of secondment. I am not with the union but would I stand a chance for a permanent job.

CATEGORY: Employment

LOCATION: LEICESTERSHIRE

2 answers
  • Hattons Solicitors

    The general basis of your situation is that your 'original' contract and employment continues whilst you are on secondment.  If your original role is at risk of redundancy, then you should be consulted about this.  If the original role is redundant, then redeployment should be looked at.  This may include staying in your current role permanently, but this could be dependent on the nature of the relationship between your original employer and the current 'host'.  You may also be independently offered the role permanently with the 'host' if it is needed. The length of the secondment will not in itself be definitive here.  A detailed consideration of the role/s, contracts and the nature of the relationships would need to be undertaken.  For example, in some circumstances like this the transfer of employment regulations (TUPE) may have already taken effect so that your employment has already transferred to the 'host' company.  If you are concerned, you could make enquiries with your ‘original’ employer to ascertain what they understand the situation to be and their intentions and possibilities going forward. 

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  • Curwens LLP

    Technically when you are seconded, your continuity of employment is preserved. This is unless the 'host' company becomed your employer. I suggest that you review any secondment agreement as to whether after a certain period of time you are considered to be an employee of the host company.
    In addition, your employment may be deemed to have transfered under the TUPE provisions to the host company (this is an auntoimatic transfer by operation of a principle in law).
    Asking questions to your employer will hopefully answer the position in relation to the above. If your employment has not transfered, you should be consulted about the redundancy in the normal way. There may also be a conversation to be had with the host regarding your retention directly as an employee, especially where the arrangement has been in place for so many years.
     

     

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