Secondment Vs Temporary Promotion

[Clairemc85]

Could anyone be able to confirm if the following is correct; A Secondment Opportunity term should only be up to two years and after this period of time the post should be referred to as a Fixed Term Contract, an employee would have rights under the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, this includes that in many cases the non-renewal of a fixed term contract would be a fair grounds for a redundancy payment.


My employer is currently restructuring and I have been on internal secondment for 3 years and 3 months. The initial contract was detailed as a secondment opportunity but after a year they emailed me through a three month rolling contract detailing my post as a temporary promotion. They are looking to demote me back to my substantive post in August. I don't know whether they can do this. My ideal would be to find a job elsewhere and see if I can get a redundancy payment.

Sorry this was quite long.
Thank you
Claire.

[ULA]

My understanding is that secondments are normally for a short term with the period specified in the secondment agreement. If the secondment is to be for a period of longer than two years, the arrangement would be considered a fixed term contract. However the issue is that is appears you were given a new contract 12 months into the secondment period which may have been on different terms.

I would advise that you firstly read the 3 month rolling contract and see if this supecedes the secondment contract.

[Clairemc85]

Thank you very much Claire.