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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50156
Experience:  Qualified Solicitor
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What does English labour law say about how long a period of

Customer Question

What does English labour law say about how long a period of temporary promotion can or should last?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello can you please explain what has happened in some more detail?
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have posted a new question over this - there is no need to do this so please reply on this existing thread and we will continue on here. I see you have posted the following: I just want my question above answered please. In September I hand over my current role to another colleague. I will have been doing this role for 2 years by then. With an indefinite contract (employed in the public/charity sector by the same organisation for over 30 years) the organisation needs to find me a new role ((or make me redundant.). They are saying that my next role should be held at a lower level with a lower package but not on the grounds of performance. They have said that my current role was a temporary promotion for 2 years. We used to have a clear policy statement that temporary promotions generally lasted no more than 6 months. Now we appear to have no transparently stated policy of how long a temporary promotion can or should last before it becomes substantive. Thank you What was agreed at the outset when you moved to this role - were you told that it would be temporary?
Customer: replied 2 years ago.
For the first year I was told it was temporary and I accepted that. When I was extended for a further year in the role (with a change of title to bring it in line with other global role titles but essentially the same role) neither I nor my line manager accepted that the designation should continue as 'temporary.' This was unresolved at the time and still remains unanswered - either in my favour or otherwise - so I am now seeking external support and clarity before we reach September.
Expert:  Ben Jones replied 2 years ago.
There is nothing specific in law which states that after a certain period doing a job, it becomes permanent. It all depends on what was agreed, how the employee was treated in the job, whether it was obvious that this as just a temporary position or they were treated and made out to be permanent to others, such as colleagues and clients, etc. There are any factors which will influence the decision on whether the position had become an implied contractual term, meaning it had become a permanent position and it will depend on each individual case. It is impossible just to say that if someone has been in a post for X period of time, that they have become permanent. The most relevant legal principle to this situation is known as custom and practice. If you an show that through custom and practice this had become a permanent position, you could try and argue it. This is your basic legal position. I have more detailed advice for you in terms of the law on custom and practice and what factors are most relevant, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you