UK Employment Law
UK Employment Law Questions Answered by Verified Experts
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Whilst the secondment terms guaranteed you a position on the same terms and conditions when you returned, that would only be possible if the position which you held still existed on your return. Unfortunately business needs may dictate that the employer's structure changes from time to time and often that can be impossible to avoid, at least to some extent.
So if you have such a guarantee but the position you held is no longer available for you to return to, the most likely scenario is that this would amount to a redundancy situation. In that case you can expect your employer to try and offer you a suitable alternative position, something which you would consider suitable to do as an alternative in the circumstances in order to try and avoid redundancy. If no such position exists, you cannot really be forced to return to any job and if that is the case your employer needs to consider making you redundant.
I therefore suggest you discuss with them in detail what your options are and what the potential outcome is if you take to follow a specific route, for example raise the redundancy issue if you find that there is nothing suitable for you to do.
you can raise this but it would not change what has already happened and what may happen next. Your argument would be that the job you were guaranteed a return to no longer exists, which is a potential redundancy situation and as the employer has not been able to offer you a suitable alternative position for you to take up, you can refuse to accept anything unsuitable and opt for redundancy instead.
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