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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50184
Experience:  Qualified Solicitor
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As a contract employee. When you are given notice of a termination

Customer Question

As a contract employee. When you are given notice of a termination of a secondment. Is the company required to give you cause for the termination and when given that cause - are you supposed to be given ample time to change the reason
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. How lip have you been in the secondment position?
Customer: replied 2 years ago.

my employment on the secondment started on the 22nd September 2014. For the purposed of the employments rights act of 1996, my continuous employment starte don the 3 Jan 2011

Expert:  Ben Jones replied 2 years ago.
Where did that continuous service come from, were you employed by the same company?
Customer: replied 2 years ago.

Yes, I have been employed by the same company since the 3 Jan 2011

Expert:  Ben Jones replied 2 years ago.
So I presume it was an internal secondment and when it ends you would remain with the same employer?
Customer: replied 2 years ago.

you are correct. Yes same employer but outside of the UK jurisdiction. So I want to make sure all of my UK rights are protected.

Expert:  Ben Jones replied 2 years ago.
UK law only requires an employer to give written reasons for the termination of employment Where an employee has at least 2 years service. Also the employment must be being terminated and that is not necessarily the same as terminating an internal secondment. So if the secondment was part of your employment with the same employer and after its termination you are returning to that employer there is no termination of employment. It is just the termination of an internal placement which is different. So the requirement by the employer to provide reasons for the termination of the position do not apply. Unless the secondment agreement states that they have to provide reasons for termination they could terminate it simply by giving you the notice period required under the agreement and without providing any reasons.
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.