UK Employment Law
UK Employment Law Questions Answered by Verified Experts
when I asked for a guarantee to be written into the agreement I was asked to sign I was told that this was not possible in writing as nobody is guaranteed a job. I reluctantly signed a letter with my director verbally agreeing that I could come back to a role comparable with my original one. I have made it clear that I was not happy with the secondment all the way through.
The letter does state that I remain an employee of the original company reporting to the same manager as before but with an additional reporting line to a manager in the company I am seconded to.
When you go on secondment, your rights on return will very much depend on what was agreed before you left your original job. There is no automatic protection or guarantee that your old job will be available on your return and if the employer wanted to offer such a guarantee, it should have been formally included in the terms of the secondment agreement or some other separate agreement. In the absence of such, whether you can return to your original job, or any other job with that employer, would depend on what availability there is at the time. Even if positions are available, it may not guarantee you first refusal and the employer could require you to apply for these positions before they consider whether you are suitable for them.
OK thanks Ben. I think I will start applying for other jobs in that case. I guess the verbal agreement counts for nothing then?
it will stand but from what you said it still does not provide a guarantee, are there actually vacant comparable jobs at present?
I know a director is leaving and this is prompting a re-structure and there are a couple of other new roles that I could slot into. As I am quite senior the board of the group is involved in the decision making process as I have been told that they don't want me to leave as I am their top sales person. So I guess there are a few options for me I just don't know what they are yet!
the verbal agreement will be relevant but of course it would not be as strong as something you have in black and white. So at this stage I would enquire about any opportunities that could be suitable for you, especially as it sounds they do not simply want to let you go. his will eventually comedown to what is available and if there is nothing suitable, you cannot really hold the employer responsible for it
OK thanks for your help. Unfortunately I thought this may happen but I wasn't consulted or given any choice about going on secondment in the first place. Whilst I don't think it was their intention in this case, some employers could do this in order to manager people out of a company. I will be less trusting in future!
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