How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47904
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I am working in the UK on a Secondment Agreement. I have been

Resolved Question:

I am working in the UK on a Secondment Agreement. I have been given Notice of the Termination of the Secondment Agreement - which therefore will move me back to the United States from the UK. What sort of rights do I have in regards ***** ***** move back to the United States? Is my company required to give assistance in the move? Are they required to give notice in writing of when the role starts in the US? Or is it just implied that it starts when the Secondment termination date ends.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Is the agreement governed under UK law?
Customer: replied 2 years ago.

I believe the agreement is governed under UK Law as it is a UK company. I was given a month notice of when the secondment was to end. Also, what if the job you are being sent back to is different than the previous job you had, and you do not want to take it. Contractually do you have to go back it, since it is different? Or do you have the right to refuse and start with a termination package?

Expert:  Ben Jones replied 2 years ago.
Does the agreement specify anything about getting assistance with the move and what sort of assistance are you looking at specifically?
Customer: replied 2 years ago.

I am just wondering what they are required to do under UK Law, if the secondment is governed under UK law. Also, when a secondment ends and you have to return to your previous job - if that role has changed, what can you do to protect yourself? Do you have rights there. That is the main question in regards ***** ***** move and how to protect yourself under the law. As the secondment just covers the UK law and it reverts back to my old US Contract.

Expert:  Ben Jones replied 2 years ago.
The law on secondments is rather patchy in reality. There is nothing specific that deals with them to be honest. They are basically just contracts where the employer and employee enter into an agreement that they would go and work for another employer (with a separate contract between that employer and the employee) and the employee’s rights are mainly governed by what has been agreed in those. So for example the law does not require the employer to provide any assistance to employees with the move after the secondment ends. This is entirely the employee’s responsibility, unless there was a clause or agreement providing for that. The employer to which you were seconded also has no responsibility to give you any guarantees or communication regarding the move back and what job you may get then or when that may start. They are only concerned with the employment you had with them. They will give you notice of termination and then their liabilities would end once that notice expires and the secondment terminates. They are not obliged to give you any notification of when your old job would start again. That is between you and the old employer. If the original role has changed then that is between you and that employer and would be covered by US law, not UK law, because it was only the secondment that was under UK laws. SO I would not be able to comment on that. Had your main employment been with a UK company then in general you would expect to go back to your old job, although that is not guaranteed unless you had it in writing. So if the job has ceased to exist then you could be offered something else that is suitable or be made redundant. But that does not apply here as mentioned because this aspect of your situation would be governed by US law as that employment is governed by US law. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

Yes, But could you please answer the question at hand. The question still looming is what kind of rights do I have when the secondment ends in regards ***** ***** in the US when the Secondment ends.

Customer: replied 2 years ago.
Relist: Incomplete answer.
I just want an answer as to what Rights I have when the Secondment ends and my employment returns to the USA. Am I guaranteed the same job? Do I just have to report. That is the question at hand.
Expert:  Ben Jones replied 2 years ago.
That is a US law question as your contract after the secondment ends is with a US company, so you would need to ask a US lawyer I'm afraid. I can only assist with the UK law side of things, which is really your relationship with the company where you were seconded. UK law has no bearing on what happens after you finish your secondment here
Ben Jones and 2 other Law Specialists are ready to help you