UK Employment Law
Ask an UK Employment Law Question, Get an Answer ASAP!
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!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).