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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
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Experience:  Expert in UK Employment Law
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Ive been seconded into a higher management role and have been

Resolved Question:

I've been seconded into a higher management role and have been for the last 19 months. During this period i applied for permanant positions to which i was given a job offer of which was withdrawn and now i believe i will be demoted wihout a formal meeting. Can you please advise me as to where i stand with this?

Many Thsnks
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded.

For now please let me know how long you have worked there.

Customer:

I have worked for the company 17 years.

Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues earlier. Did you formally accept any of the offers you were given? What were the conditions of the secondment - were you guaranteed to stay in it for a specific time, was your old job guaranteed once the secondment ends?

Customer:

Originally it was 3 months secondment which kept on being extended but never in writing. I was always guaranreed my old position back. I've had mixed feedback totally contadicting everything. Job offer which i have saved as we use an electronic application service. I have been told other people had been into the position snd once they had been in 18 months they had to be given the the position. The condition of the role was to achieve a sttong position of all the shops in my area.eg establishment. Staff training. People skill. People management.Gros profit in all shops etc. I actually achieved higher than they expected and finished 3rd in the company.

Expert:  Ben Jones replied 1 year ago.
When you are seconded to another position, your rights will mainly depend on any agreement you have with your employer in relation to this secondment, whether written or verbal. You will not get permanent rights to the seconded position just for being in it for a specific period of time. Whilst permanent rights to it can be implied eventually, this will only happen after a prolonged period of working in it (years rather than months) and clear indications on both sides that it was intended for this job to become your permanent position. If there was still an indication that this was just a secondment and it was being extended for short periods of time, it is very unlikely that it would have become a permanent position.

This means that if the employer wants to terminate the secondment you will have to check what was agreed in regards XXXXX XXXXX job you will get when that happens. You mention that your old job was always guaranteed so if the secondment ends, according to that agreement you should be allowed to return to your old job. If that is a demotion when compared to the secondment, then unfortunately that would be the case.

Finally, if you were formally offered other jobs and had then accepted them, assuming these offers were unconditional you can claim that the employer's offer and your acceptance had created a binding contract. In such circumstances the employer should honour their offer and allow you to move into that position, as failing to do so would potentially amount to breach of contract.

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones, Solicitor
Satisfied Customers: 39010
Experience: Expert in UK Employment Law
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