Redundancy and secondments

captain_rehabTue 15/01/08 07:09

Any advice on the following?

My current job is being made redundant, but for complex reasons they won't be able to give us our full notice, and will therefore pay us in lieu. This is three months for my position.

They wan't to keep me on but don't have anything suitable at the moment and so have offered me a secondment to a rather unsuitable post for 4 months in the hope that something better will come along. I'm considering it to tide my over but am now wondering. If you are on a secondment can they give you notice of your redundant post and expect you to work out the period notice in your seconded post? ie get away with not paying me in lieu of notice.

Ta

al32Tue 15/01/08 07:23

Aaargh - I just type a long response and then flipping lost it! Suffice to say, it's possible in some circumstances. Are you actually in your notice period or still in consultation? It's unusual for a company to continue looking for suitable alternatives after they've served notice. The consultation period is all about looking for alternatives, not the notice period. A company is not obliged to pay in lieu of notice and can ask you to undertake reasonable duties for the remainder of your contract with them (usually one of the get out clauses in your employment contract). Is it a suitable alternative? I'd make sure that you will receive redundancy at the end and not be in a position where you've been doing it for 3 months and then they claim that you've not taken that role in place of your old one...

hope what I've said has made sense. Might be worth speaking to your union rep, Citizens advice, or an employment lawer.

piddyTue 15/01/08 07:24

unfortunately yes they can do that, as you are on a secondment you will be working to the terms and conditions of your main contract which means that they would not have to pay in lieu of notice as you are actually working for them still. Terms, conditions and contracts do not change if you are on a secondment position.
Depending on how much the severance pay is it well may be worthwhile biting the bullet and looking for something 'more suitable' instead of working your notice.

captain_rehabTue 15/01/08 08:40

quoting > "Are you actually in your notice period or still in consultation? "

We haven't actually started the consultation yet. It starts in a few weeks. The secondment wouldn't be a permanent alternative to my previous post. Interesting that they don't have to pay in lieu. I best check my contract.

quoting > "Terms, conditions and contracts do not change if you are on a secondment position."

Yes I suppose that makes sense. The redundancy is only statutory but the 3 months in lieu would be quite nice!

I think will have a word with the Director and see if they will agree something in writing that gives me the benefits of both. If not, I suppose you are right and I should just go. Shame, overall they are a good organisation.

Thanks for the advice guys.

al32Tue 15/01/08 08:54

good luck mate. If I can be of any further help give me a shout (I used to be an HR manager for 12 years). My partner does a lot of employment law training too so if we can help let me know.
Alun :)

captain_rehabTue 15/01/08 09:09

quoting > "If I can be of any further help give me a shout"

Thanks!