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Jenny, Solicitor
Category: Law
Satisfied Customers: 6472
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I am 66 years of age and still working. I am a staff employee

Customer Question

I am 66 years of age and still working. I am a staff employee with a Consultant Engineering Company (and have been for 20 years). - I was sent on secondment to the company I am still working at (for 6 weeks) January 2000. I have not had any increase in salary for over 4 years. The Consultants have recently increased my charge out rate by 33% (no increase for me)and therefore, the on site company I am at, have questioned this. The two are - shall we say - in consultations ( for approx. 9 months) but with no satisfactory outcome. Obviously no one wants to be responsible for any redundancy / pension / transfer expense. I do not wish to retire. The on site company, have work and want me to carry on with my on site work. I have been asked to resign (by all parties) so that no one will be responsible for any costs / fees etc. I wiil not resign I have made several offers / options to enable me to carry on where I am. - But they still want me to resign - and lose any and all possible rights. To me this is a very cute way of (by my consultant employer) of constructive dismissal. Please let me say I am on very good terms with on site place of work. I have suugested I work either directly or through another ageny, but their are conditions and problems with this (ie:IR 35). Where do I stand as I want and need to carry on working but because of the situation I am in - with no fault or intent on my side - I could be forced ouy of work with redress. Yours sincerly Howel XXXXX (Engineering Designer / Drawing Office Manager)

Submitted: 5 years ago.
Category: Law
Expert:  Jenny replied 5 years ago.
Hello and welcome to Just answer, are you still working there, has your employer offered you your substantive post back?
Customer: replied 5 years ago.

I am still working for my employer (Main Consultants) seconded to where I work daily on site.

I do not know what is meant by "subtantive post back" so I have not been offered or received such

Expert:  Jenny replied 5 years ago.
Ok, I'm trying to understand your situation. Is it the case that the job you have been seconded to is likely to disappear due to your employer raising your fee?

If this is the case has your employer offered you your original job back?
Customer: replied 5 years ago.

The work I do - therefore the job - is ongoing. But my employment on site may disappear due to increase in fees.


The possibility of returning to Head Office has been mentioned but there may be no job allocation / vacany available

Expert:  Jenny replied 5 years ago.
Ok, the seconding company is under no obligation to pay your increased charge therefore for that reason your 'role' at that organisation disappears.

Your employer has an obligation to slot you into a position which is at the same level as the one you originally worked at. If there is no role available for you to do then potentially you are in a redundancy situation. In order to fairly make you redundant your employer must hold meetings with you to discuss this and to discuss possible ways of avoiding the sitaution and it must also offer you the opportunity to apply for any other vacancies within the organisaton. If it cannot offer you another job then you can be given notice of redundancy and should be offered redundancy pay.

If your employer does not go through this process and simply fails to take you back then you are being unfairly dismissed. You should appeal and then raise a claim at if this is the case.

If you have any further questions please do ask. If I have answered your question then I would be grateful if you would give a positive rating. I will be happy to answer your follow on questions.