UK Employment Law
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Answered in 1 minute by:
10/5/2011
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 81,665
Experience: Qualified Employment Solicitor
VerifiedHello and thank you for your question, which I will gladly help with. Please let me know what reason did the employer use for not offering the job in question?
I have done a considerable search on case law to find a closely-related case, but without success. This suggests that there isn’t anything that comes that close to your particular situation. It does happen in employment settings, but it may not have been litigated.
The issue you will find is that the suitable alternative employment is gauged in relation to your substantive post, not your secondment. When you are in a secondment position you are there on the understanding that it is a temporary placement. As such if you are made redundant from your substantive role you will only be considered for suitable employment that is comparable to your substantive role, not the role you were temporarily doing as a secondment.
I'm sorry if this is not the answer you wanted to hear but I hope you understand I have a duty to explain the law as it actually stands.
Please press Accept and I can expand my answer and provide more detailed advice and guidance as required. I will also answer any specific questions you may have. Thank you
The issue you will find is that the suitable alternative employment is gauged in relation to your substantive post, not your secondment. When you are in a secondment position you are there on the understanding that it is a temporary placement. As such if you are made redundant from your substantive role you will only be considered for suitable employment that is comparable to your substantive role, not the role you were temporarily doing as a secondment.
I'm sorry if this is not the answer you wanted to hear but I hope you understand I have a duty to explain the law as it actually stands.
Please press Accept and I can expand my answer and provide more detailed advice and guidance as required. I will also answer any specific questions you may have. Thank you
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 81,665
Experience: Qualified Employment Solicitor
VerifiedBen Jones and 87 other UK Employment Law Specialists are ready to help you
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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.
