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International secondment and redundancy

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  • International secondment and redundancy

    I was asked to go on secondment to assist in the setting up of a new office in Canada.(My original position was in Scotland). This was initially for six months but turned into 19 months. I was asked to return in January as they do not now wish continue with that office but have still been working 100% of my time on the Canada operation. I have just been told I am at risk of redundancy from my original position, a role which they indicated i would be returning to at the end of my secondment (they indicated this in the documentation submitted for my Canadian visa application).

    There was no secondment contract or secondment assignment agreement.

    It is clear that my original role disappeared well before they told me and there was no consultation with me prior to them removing that position.

    Coupled with this there is a tax issue in that I have been paid and taxed in the UK for the whole period, with the Canadian revenue now saying i should have been paying tax in Canada. I asked for clarification and advice on this throughout the whole of my secondment and was eventually told to sort it out when i got back.

    It all seems to be a bit of a shambles and i would not have taken the secondment if there was any risk to my existing role.

    Do i have any remedy or is it worth pursuing an unfair contract/breach of contract case as i feel i have been poorly/misinformed, certainly kept in the dark and now looking for a job in a role that requires local and current market knowledge to maintain your employability?

    Thanks in advance?
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  • #2
    Re: International secondment and redundancy

    I believe that as you have been out of the country for such a long time you will not need to pay a large part of your UK tax. This will go towards paying your Canadian tax. Double taxation agreements stop you being taxed in both countries. At least this was true a few years ago when i was working in the USA but paid from the UK. The rules may have changed. Get on to HMRC and ask.


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