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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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The holding company of my employer wishes me to head a

Customer Question

Hi,
The holding company of my employer wishes me to head a new project. I have ben given an 18 month secondment agreement. What concerns me is that it can be terminated 'for any reason' with three months notice. At the end of the secondment if I return to my existing job myterms and conditions will remain the same however 'it is not envisaged exisiting role will be kept open' if It is not available then Holding Company will 'suuport me with applications for alternative vacancies within the Group'. If I am not successful I will be made redundant.
Whilst I have reason to think my employer is not acting in good faith, I believe the agreement is rather one sided. Your views concerning the termination terms and suggestions would be appreciated.
Submitted: 7 months ago.
Category: Law
Expert:  Jenny replied 7 months ago.
Hello my name is***** am a solicitor and I am happy to help you today. How long have you been working in your substantive post for?
Customer: replied 7 months ago.
10 years
Expert:  Jenny replied 7 months ago.
If they were to terminated your employment during the course of the secondment it would amount to unfair dismissal. The employer must have a fair reason to terminate and a dismissal ' for any reason' would not be fair. In the event that neither the substantive post or the seconded post continue to exist then potentially they may be able to make you redundant but they would first have to follow a fair consultation process and offer you the opportunity to apply for alternative employment within the business. Obviously they could also dismiss if you were to commit an act of gross misconduct but I am sure that this would not happen. I understand your concerns about the wording of the agreement but this would in no way erode your legal rights. You can therefore proceed regardless of the agreement or you could ask to negotiate alternative terms. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 7 months ago.
Thank you.
I am to lead a major project, the Employer may for commercial reasons not wish to proceed with project. My previous job may have been filled. The problem in finding another role within the Group is that my existingsalary is fairly high and would easily sit in the Group. Would the an vacancy that may be offered me no less than my current T&Cs?
Expert:  Jenny replied 7 months ago.
Yes that's right they would have to offer you a suitable alternative employment at the same salary and skill level. If they cannot offer that then it would amount to a redundancy situation. It may be that if this is an essential project you could agree an enhanced payout in the event that that scenario occurs. You may be able to agree that in advance of taking on the seconded post.
Expert:  Jenny replied 7 months ago.
Hello Tony is there anything further you would like to know?

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