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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 75039
Experience:  Qualified Employment Solicitor
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If have been placed on an internal secondment for a period

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If have been placed on an internal secondment for a period of 2 years. What are my rights to return to my previous role and options if I am not allowed ?

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Is there a formal secondment agreement in place? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 11 days ago.
Yes this was agreed (written letter) as a 2 year broadening assignment. The letter confirms commencement, duration, maintaining existing package, and additional benefit for the duration of the assignment.

Thank you very much for clarifying. When you take up a secondment position, there are no automatic rights guaranteeing your old role on your return. If that role still exists and it is vacant, then it would be reasonably expected for the employer to offer you that position back.

Sometimes, the secondment agreement will deal with the options at the end of the secondment and whether there is a guarantee to your old role, or if not – what would happen.

In the absence of such details, assuming the position is no longer available, the employer would be expected to try and offer you something which is suitable for you to do, considering what the original role was.

If there isn’t anything suitable, it may come down to this being a redundancy situation.

Hello, following my main response above, I just wanted to check that everything was clear. If you have any further queries about this issue, you can reply to me at any time on this portal and I will be happy to help. Thank you.

Hello, I trust that everything has now been resolved to your satisfaction and your original question has been dealt with. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 8 days ago.
Thank you for the response.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best