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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46190
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been working on secondment on a role two pay grades

Customer Question

I have been working on secondment on a role two pay grades above my pay rate for over 12 months with a view to it becoming permanent. I am now being made redundant on my current pay rate, is that legal, is there anything I can do about it?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Remus2004 replied 1 year ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
Just over a year ago I accepted a promotion at work, it was a secondment and told I would have a review after 6 months (which didn't happen) finally a month or so ago my manager told me they'd put in the paperwork to hr to approve my promotion. ( I have been on my original wages for the entire time)
I found out two weeks ago my promotion had been stopped and that we were at risk of redundancy, tomorrow I will formally be told I am redundant and my redundancy will be on my current wages not on the wages for the job I have been doing (officially) for the last year.
My question is is there anything I can do to claim the wages or redundancy package I should get for the job I was actually doing?
Customer: replied 1 year ago.
Sorry I should have started that message 'Hi Jo' sorry for my lack of manners
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. How long have you been employed by your employer?
Customer: replied 1 year ago.
3 years
Expert:  Ben Jones replied 1 year ago.
Why were you kept on your original pay rate whilst working in the new job? Also are you being made redundant from the current job or the old one?
Customer: replied 1 year ago.
I was on the original pay because it was a secondment - they spoke of it like a trial before making the role permanent.
I am being made redundant from my original job
My current one will no longer exist
Expert:  Ben Jones replied 1 year ago.
So both the original and the current roles will cease to exist?
Customer: replied 1 year ago.
Yes, the current role is supervisor for the team my original role was in, both will ease to exist, the team will be reduced to 3 people so no supervisor role will be required and they will report directly to my current manager.
Expert:  Ben Jones replied 1 year ago.
I am afraid that in the circumstances you are unlikely to be able to claim redundancy on the higher rate for the current job. The reasons for this are twofold:· You were on secondment and you were working in that role on the understanding that it was a trial. Hence you were still being paid your old rate and as you were not confirmed permanently in the role you were not entitled to the higher rate of pay. It is not like you were told you will move on to the higher rate and then in error the employer did not pay you – it was clear from the outset that you were to remain on your original rate for the secondment. The secondment never became permanent and as such you were never officially entitled to the higher rate· You are being made redundant from your original role, not the current one. As you are being made redundant from that role, its rate of pay will be the one taken into consideration when calculating your redundancy pay. Had you been promoted permanently, been moved officially on the higher rate and been made redundant from that new job, then you would have been entitled to receive redundancy based on its rate. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer: replied 1 year ago.
So even though they stated it would be reviewed with a view to making it permanent (and printed a date on the form I signed to accept the secondment) and never performed the review on the date they stated ( they performed a review just before the redundancy) I don't have a leg to stand on?
Expert:  Ben Jones replied 1 year ago.
A review to make it permanent does not guarantee that it would have been made permanent. As they have stated, they were going to have this review 'with a view' to make it permanent but if the review found that this as not possible at the time, they could have decided not to go ahead with making it permanent. So the key is that there was no guarantee of permanency - it was only a review to consider this option. Hope this clarifies?
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46190
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 3 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes, thanks for the clarification.
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best

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