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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 68024
Experience:  Qualified Solicitor
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I have worked for the same company for over 9 years, however

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Hi, I have worked for the same company for over 9 years, however I have been on a secondment working on a fixed term project for the last 3 years. My secondment is coming to an end and the company has just announced a consultation period for redundancy that will result in a 25% workforce reduction. Do they still have to provide me with a job to return to or can they make me redundant when my secondment ends?
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: Just my wife so far
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employee and am not in the union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have applied for several vacancies at work in recent months knowing that my secondment was ending but I have not been given any of the jobs even though I am qualified

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Was there a guarantee of a return to your substantive role at the end of the secondment? Please note this is not always an instant service so I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. Thanks

Customer: replied 10 days ago.
my letter of secondment does not state that exactly, but it was discussed at the time, also the letter does state that my bonus during the secondment will end when the secondment end, thus indicating that I will simply return to my original salary/role.
Customer: replied 10 days ago.
See my secondment letter attached

Many thanks for your patience. So is your substantive role being made redundant, or requiring a reduction in number of employees?

Customer: replied 10 days ago.
A reduction in the number of employee’s, but I am in the at-risk group

Is your substantive role unique? If not, are others doing it also at risk?

Customer: replied 10 days ago.
My role is unique

and will the role continue to exist?

Customer: replied 10 days ago.
No, because the secondment role is due to end soon as the project is almost finished

Please note I am referring to the original role you did, not the secondment one?

Customer: replied 10 days ago.
Someone else has been put into my original role and I believe that they are not at risk
Customer: replied 10 days ago.
As I have been seconded for over three years, the company back-filled my old role but assured me that something that was at minimum an equivalent would be available after the secondment

Ok thanks. Tis should have really been covered in the secondment agreement. If you go on secondment there is however no automatic right to return to your old role and usually this will only happen if there is a guarantee of this in the secondment agreement, or if the employer agrees to it anyway.

In your case you should be offered something of an equivalent nature, which is what you were promised, but if these positions are at risk of redundancy then you could find yourself going straight back into a role that is at risk and you find yourself at risk too.

Even if your old role was guaranteed on your return, that could have also been at risk of redundancy at this time, meaning you went back and placed at risk as soon as you go back into this role.

Does this answer your query?

Customer: replied 10 days ago.
even though I am still on my secondment now and probably won’t finish until during or even after the consultation period concludes , plus they have not yet offered or discussed any possible return position for me, they can still make me redundant?

If a role you may be going back to will be affected by this then you can be included in the process now, even if you are still on secondment

Does this clarify things a bit more for you?

Customer: replied 10 days ago.
thank you

All the best

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