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Ben Jones
Ben Jones, Solicitor
Category: UK Law
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Experience:  Specialist in UK Law with expertise in UK Employment Law
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Good evening. I have been unofficialy seconded for 19 months

Resolved Question:

Good evening. I have been unofficialy seconded for 19 months within a local authority. After 12 months of secondment, the role I'm currently doing was reviewed and given approx �5000 increase. However I remain on old salary. Was wondering if my employer is allowed to do this and would I be entitled to higher salary? Regards A
Submitted: 1 year ago via InBrief.
Category: UK 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. Did you have a secondment agreement in place?

Customer: No. I was told that as both my previous role and current had similar salaries, I was told they'd make it un-official secondment and treat it as a 3-6 month trial. Again no agreement. The salary increased and 19 months on nothing has changed personally. The new role requires statutory documentation to sign by the employee which deemed it at a higher grade. I have been carrying this and all other associated duties associated with the role and have documented proof. The role is Electrical Inspector which has niceic supervisor duties attached.
Ben Jones :

The law on secondments is basically such that the terms and arrangements of such positions will be governed by any agreement that has been negotiated between you and the employer. It is entirely possible for you to do a secondment and get paid your old salary which could be different than that which your peers in the seconded position are getting. Unfortunately, it does not mean that if the employer in the seconded position offers your peers an increase, that you would also be entitled to this. There is no right to equal pay in that respect because equal pay laws only work to protect workers who are getting paid less because of discriminatory reasons, most commonly their gender. As you are not bound by the contracts and arrangements of the seconded employer your rights will still rest with the old employer. If no pay rise was agreed as part of the secondment then you cannot demand that even if your colleagues in the new position are getting one.

Ben Jones :

I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to explain the law as it actually stands and sometimes this does mean delivering bad news. Please let me know if you need me to clarify anything.

Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 38518
Experience: Specialist in UK Law with expertise in UK Employment Law
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