Employment Lawyers Can Answer Your Employment Law Questions
, my name is ***** ***** it is my pleasure to assist you with your question today. Were you guaranteed a return to your substantive post as part of the secondment agreement?
Yes, I was.
Legally you may not be able to request redundancy from the end of February because you would still be constrained by the secondment agreement, which takes you to the end of May. Whilst your substantive post is being removed in Feb, you are not guaranteed to return to that until May, when the secondment ends. Until then you would be bound by the secondment agreement which would temporarily replace your permanent contract with the company.
That does not prevent the employer from agreeing to release you earlier and still pay you redundancy but if they refuse, then legally you cannot force them to release you now and if you decide to leave it would amount to a resignation, which means you will lose your redundancy pay.
Thanks Ben. This was the text provided within the original secondment letter. Does it provide any additional steer in this instance?
We are pleased to offer you a secondment to Product Manager within Service Management reporting toAlistair Goulden. Your secondment period will be from 2nd June 2014 to 29th May 2015.
This secondment will mean the following change(s):
All other terms and conditions remain the same.
At the end of the secondment you will revert to the role of Service Manager within Service Management on your previous terms and conditions.
Please sign the attached copy of this letter as an indication of your acceptance of the above. Please note that we are unable to make any system or payroll changes without this.
I sincerely ***** ***** you will accept this offer, and we wish you every success in your new role
I am afraid it would not change your position or my earlier response. You are still on secondment into the specific role until a set date. Whilst your old job may disappear in the meantime, this does not become relevant until after you are due to return to it. If it is no longer there when you return that is when you can ask immediate release, such as to be paid in lieu of notice and get redundancy because your role is no longer there.
Ok, thanks Ben. So in summary, the company may agree to accede to my request with effect from end of Feb, but they are not legally obliged to do so.
yes correct, in effect you have nothing to lose by asking
Ok, thank you advice
you are welcome, all the best
I've just had another thought, and wonder whether this changes my position at all.
In the first consultation meeting I said that I wasn't overly concerned about the changes as I had always hoped to move in from the original role, rather than back to it.
There were a couple of new permanent roles made available to other team members, which the company subsequently filled, but I was not offered these directly.
Now that the redundancy is confirmed, does this offer any leverage to support my case made redundant at the end of Feb? Should they have directly offered me one of these roles, of which, as team leader old team I feel certain I would have been successful in my application and, if so, are they in breach of employment law as a result of not having done so?
Yes, I was. They didn't explicitly mention these roles, although I was peripherally aware of them being created. I'm guessing the company felt my comments of not envisaging a move back to my previous team as viable were akin to me not being interested in either of these roles.