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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
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A year ago my colleague was seconded to another department

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A year ago my colleague was seconded to another department at that time her position was done away with there were three of us at this point and her role became mine and my colleagues now the secondment is ending they are saying I may be removed from my position to make a place for her surely they can't do this or can they

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. For now please let me know how long you have worked there.

Customer: 26 years
Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues earlier. The starting point is that a secondment is not generally intended to be a permanent move and will eventually end. However, what happens after that will depend on the terms of that secondment and also what was agreed with you at the time. If you were not given any indications that the changes were going to be of a temporary nature and your employer allowed you to carry on working them on that assumption, you will have a good argument that they were permanent and that you should be allowed to continue as you have been over the last year. Usually, the agreement would be between the employer and the person who is seconded and they would be told whether they will have their old job guaranteed on their return. If that was the case and they were guaranteed it then this should have been made clear to you as well and when you were offered to take on their duties this should have been made a condition of the changes that were being introduced. So you have to go back to check what was agreed with you at the time these changes occurred as that is what your rights will depend on. If no indication at all was given that this was just going to be a temporary change then you can challenge the employer's plans to remove you from these duties now.

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