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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46780
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi, I work at Morrisons Head Office and have worked for

Resolved Question:

Hi,

I work at Morrison's Head Office and have worked for the company for over 40 years, last year my company asked me to go on a secondment to a project team for a year to help the roll out of a new software system, now that my secondment has finished they have told me that I can not return to my previous roll and they are threatening to make me redundant.

At the time I was told that they were going to take someone on, on a temporary contact to cover my job while I was on the secondment.

Surely this is against the law, the only problem is that I have nothing in writing to support my claim.

Kindest regards,

John Garnock-Jones
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

What do you hope to achieve please?

JACUSTOMER-bcgkpef5- :

Hi Ben,

JACUSTOMER-bcgkpef5- :

I simply want to return to my previous roll as promised by my employers.

Ben Jones :

OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Ben Jones :

Many thanks for your patience. When someone goes on secondment, their rights in terms of a return to their old post would be governed by any agreement that was entered into with their employer. Ideally there should be a secondment agreement which outlines the arrangements with the secondment, such as its duration and other major terms, as well as your rights on your return. There is no automatic of a guarantee to your old post and that would need to be agreed in the arrangements you had with the employer if it was to apply.


 


The issue, as you have identified here, is that you do not have anything in writing to confirm what was agreed and it is now essentially your word against your employer’s. That does not mean it would be impossible to take this further but it would make it that bit more difficult, especially if it is challenged by the employer.


 


In terms of what you can do next, the first step is to consider going through the employer’s grievance procedure, which would register this as a formal complaint and prompt them to investigate this and issue a formal response, which you can appeal if necessary.


 


Whilst you cannot force them to offer you your old job back, if that appears more and more unlikely, even following the grievance, your only option would be to consider resigning and claiming constructive dismissal. This would generally occur when you have been left with no option but to leave due to the employer’s unreasonable behaviour and seek compensation for any future losses of earnings hat may have been incurred as a result.

JACUSTOMER-bcgkpef5- :

Hi Ben,

JACUSTOMER-bcgkpef5- :

Given my age (57 years old) and the fact that a car accident in 1995 crushed three discs in my Cervical spine and has left me semi disabled I do not think I will be able to find alternative work.

JACUSTOMER-bcgkpef5- :

Morrisons have offered a redundancy package, which after tax will be worth £38K, but this will not be enough to keep me going until I reach pension age.

JACUSTOMER-bcgkpef5- :

Kindest regards,

JACUSTOMER-bcgkpef5- :

John

Ben Jones :

Whilst you would be expected to try and find a new job, if that is clearly not possible then any compensation would cover that fact to an extent. The issue is that there is no guarantee you will be successful or what you will recover so there is always a risk attached to that. So before you consider leaving you should still go through the grievance procedure to try and resolve this, before evaluating your position again and considering your options

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer:

Many thanks,

Customer:

John

Ben Jones :

Thank you, XXXXX XXXXX best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46780
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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