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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49827
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Can you help me. I was seconded to a PM role at Lowell

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Can you help me. I was seconded to a PM role at Lowell Group for 20 mths. Initially it was for 3 months and they kept extending this. They wanted to copy a website of one of their sister companies which I progressed to the test stage. All this time resource was limited and the project was classed as low priority. Mid project Lowell changed their mind and decided to bring in a 3rd party and redesign the website as they agreed with me that the site I was preparing was dated and would not be capable of doing what was required. They asked me to PM/ BA the role to which I agreed. The website is due to launch on the 11th April 2016. Again I was not given any internal resource until December when all hands have been thrown on board to get the website finished. Everyone says the website would not of got to where it has without my input. However the Director of Projects said I wasn't good enough to give a permanent role despite people appealing to her on how good I was.
During my last secondment I was told that they would not be renewing my secondment again and that I would be returning to Collections and phoning the customer. As a result of this I am on medication for depression and have had to have the dose increased.
I have now finished my secondment and they have put me back on the phones and reduced my wages. This is making me feel like the end of the world. Do I have a case for constructive dismal? or is there any other recourse I can take?
***** *****
How long have you worked there in total?
Customer: replied 2 years ago.
28 months. I started Nov 11th 2013
Customer: replied 2 years ago.
Hi Jo, are you still there?
Customer: replied 2 years ago.
Hello are you able to help?
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. Was it ever suggested or implied that this was supposed t obe a permanent move?
Customer: replied 2 years ago.
No it was never suggested. Although l have been told that websites would never of got to where they are if it hadn't been for me. Lowell are supposed to believe in training and progressing their staff but this does not appear to have happened on this occasion. 20 months of keep seconding me to then only be able to offer the phones seems harsh. In my time at Lowell I haven't seen anyone else move backwards. Before I started the builds they had been trying for 3 years and no one could get the project going which makes it all the more surprising.
Thank you. The first thing to consider is that a secondment is by its nature a temporary placement. It is a move from your permanent/substantive post to another position for a temporary or fixed period of time. It could be a defined duration, or it could be an ongoing temporary placement with no specified end date but the ability to cancel it at any time. In your case you were initially placed in this position for 3 months, although it was extended subsequently and by now you have been in the role for 20 months. You have confirmed that it was never intended or arranged for this move to be permanent. As far as you and the employer were concerned, this was a secondment, a temporary move to another position, even if it has been extended numerous times. You were never confirmed permanently in the role, you were never told that this is now your permanent position. This means that they could move you to your substantive post, the position which you were recruited in or your past permanent position which you worked in before being seconded. It may well be the case that this is a job with lower status and/or pay but that is not unlawful. The better terms would have been a temporary thing and whilst unfortunate that you may go back to a different and lower paid position, that is the position you were permanently recruited for and which contractually your employer can hold you to. So a constructive dismissal claim is unlikely to succeed here. Any other remedies are really only limited to an internal formal grievance. However, if the grievance is rejected then there is not much more that can be done. You can of course leave and try t argue constructive dismissal, hoping they will just settle that having to defend a claim, even if they are likely to win, but it is up to you whether you want to go down that route. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49827
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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