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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9141
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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If an employee (secondee) was seconded to a host company

Customer Question

If an employee (secondee) was seconded to a host company different from the seconder organisation (employer) and the host (organisation where the secondee is rendering services to) decided to pay her for additional duties and excellent performance, is it right for the seconder (employer) to suspend her for taking the money
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: The secondee resigned and then received a suspended letter from the employer and then advised to come for an interview under caution for accepting the money despite the fact that there is no agreement with the host company on how additional duty or productivity should be paid for
JA: What action has been taken so far? What's your ideal outcome?
Customer: The staff who brought the issue to the attention of the employer wrote back to them to say there was miscommunication, the host advised the secondee to return the money and then develop a process to decide the amount to pay before paying the secondee. This is because a full payment (100%) was paid for the cover which was over 2 years though the employer paid the monthly salary while the host company paid the secondee directly for the cover and possibly for excellent performance hence the full payment
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can you please connect
Submitted: 8 months ago.
Category: UK Law
Expert:  Ben Jones replied 8 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 8 months ago.

How long after resignation did the secondee receive the letter?

Customer: replied 8 months ago.
The secondee posted the letter on 24 November and then scan a copy on 25 then got the suspended letter after that. The notice period is one month and there are some outstanding leave days to cover
Expert:  Ben Jones replied 8 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 8 months ago.
Can we continue the chat
Customer: replied 8 months ago.
Thank you Ben
Customer: replied 8 months ago.
Please note that this conversation was raised under confidentiality and would prefer anonymity as it should not be made public as they want to conduct the investigation with the secondee under caution. Thank you for your understanding
Customer: replied 8 months ago.
Waiting for your response
Customer: replied 8 months ago.
Please I would prefer anonymity