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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48176
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My daughter was seconded to an on site job working for a client

Resolved Question:

My daughter was seconded to an on site job working for a client of her employer approx 3 years ago. Her hourly rate was increased for this job. Sometime later her workload decreased despite her asking for more work. She decided she would do a course but would have to work less hours but she knew she could manage as well as her job. It was agreed with her employer and she commenced with the course and worked 3 and a half days a week instead of 5. In the past month she has been told that the client needs to have someone there and it is no longer suitable for her to work there and has been relocated back to Head Office. She also was given an appraisal and they said her performance was down in the last six months. But nothing was mentioned about the lack of work in the job either!! Her pay downgraded and hours even less. Basically this is all they could offer her and it came across as take it or leave. Also my daughter is dyslexic but had chosen not to tell her employer at the outset as she said it was her business. But she informed the on site boss and he took it upon himself to tell the whole office and she felt humiliated. Sorry a bit long winded story but trying to inform you of her story
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. can you tell me was it a verbal agreement to reduce her hours whilst doing the course
Customer: replied 3 years ago.
Yes plus emails
Expert:  Ben Jones replied 3 years ago.
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Customer: replied 3 years ago.
Thank you I asked my daughter today if she had copes of any emails but she would have only been able to access from the on site computer so no written back up
Expert:  Ben Jones replied 3 years ago.
Just to clarify - has she now returned to her original employer and basically had her secondment terminated? If so, what was the agreement on what would happen if she was to return to her old job - was that guaranteed or not?
Customer: replied 3 years ago.
She returned to the head office but not specifically to her old job as the only job they could offer was a receptionist as that is all they had for her. Something about a re shuffle in the office. She was to retain the hours of 3 and a half days total of 31 hours. Now that's been reduced to 25 hours as it doesn't suit the new job she has been assigned to or the head of her department
Expert:  Ben Jones replied 3 years ago.
So the secondment agreement or any other agreement that dealt with her return from secondment did not specifically guarantee her old job on her return?
Customer: replied 3 years ago.
The change of job came completely out the blue. She was told that the workload would increase so she would be assisted by someone else. Then that all changed the other member of staff was brought in my daughter had to show her how to do the job and the changeover was done within a week. Her employer asked her to re locate to the on site job and nothing was mentioned about any return to the head office as far as she was concerned she was there for good
Expert:  Ben Jones replied 3 years ago.
So is she technically still continuing in her secondment or is she formally returning to her employer?
Expert:  Ben Jones replied 3 years ago.
When someone goes on secondment, it is best to have a secondment agreement in place which would deal with the circumstances when the secondment could be terminated, including notice due, as well as the employee’s rights on their return to the original employer.

In the absence of such an agreement, the employee’s rights will not be set in stone and it is entirely possible that once they return to their original employer, their old job would no longer be available. The law does not actually guarantee that the old job would be open to them and it is entirely possible that there may simply be nothing at all, or that whatever is available is different to their original job. This could result in the employee either being offered the available positions or even being made redundant if no suitable position is available.

If she is not actually returning to her original employer and the secondment is just being changed, with her duties/responsibilities being amended. Then that is really something that would need to be raised with the employer responsible for these changes – all she can realistically do is raise the issues informally with the employer or go through the grievance procedure.

In relation to the dyslexia issues, the employer should not have broadcast that to the whole office, they have a duty to keep within the implied term of trust and confidence and this is something that should have been kept confidential. Again, the above two routes are what she could do to take the matter further, with the grievance being the formal option.

If that does not help, the final step is for her to resign and claim constructive dismissal but as you can appreciate that is a risky option so only needs to be done if she believes she can no longer continue working there as a result of all this and the grievance has not been successful.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
She was always under the same employer there was no change to that part . The change and drop in wages was just so unexpected but thank you for the advice