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What are your rights after acting up for two or more years?
I was asked to act up to a more senior position in April 2015, due to my existing line manager going on a secondment for six months. My role wasn’t replaced and I did both my “old” role and the “new” acting up role. After six months, my boss had his secondment extended so I stayed doing both roles. I stayed in this post in all for 15 months before I was offered a secondment in another organisation, on the pay band I was acting up on. Whilst I have been on secondment, my service and another service have been merged and the role I was acting up into was “merged” with another department lead role and this new post was advertised. I chose not to apply as I was keen to gain development on my secondment. I will have to go back to the department as the lower post which was what I was working as prior to acting up. I would just like to know if I have any rights regarding having worked at a higher level for two years at a far higher rate of pay.
On the face of it, there would not appear to be much you can do given that you didn’t apply for the post. However, it is not uncommon for formal secondment agreements to be prepared to deal with an employee’s rights (both in terms of job role and salary) when returning from secondment.
Did you enter into such an agreement or are the terms of your secondment documented? If so, that needs to be studied. In any event, you need to consider all relevant correspondence from the time of acting up to taking the secondment to see if the issue of what job you would be returning to and on what terms and conditions is dealt with.
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Comments [14]
Emine Yoca says:
Hi I have been acting up for over 18 months. I was interviewed before starting the role. The managers advertise d the post internally. I applied for the same post to be permanent. I was told that I have to be interviewed again. Is this right?
Mandy Garner says:
If you require advice from our experts, please email [email protected] with full details.
Susan says:
Hi
Is there a time period whereby if after being in a higher level position on secondment (advertised & interviewed to obtain the post) and the seconded position becomes a permanent post that you would automatically be able to remain in the post permanent without it being advertised etc?
Thanks
Mandy Garner says:
See https://www.workingmums.co.uk/rights-after-over-five-years-on-secondment/
Louise says:
Hello
I took a secondment position in August 2016, it was originally for a fixed term for 18-months but got extended and is now (so I thought) permanent. I returned from maternity leave at the end of last year and have just been made aware that they no longer need me in my seconded role (apparently they managed without me whilst I was on maternity for 12-months). I’ve now been asked to return to my substantive post at a much lower salary. Do I have any rights? I’ve been in the seconded role for over 4 1/2 years and have always had good performance reviews and met targets etc.
Mandy Garner says:
Hi, Usually secondments are, by their nature, temporary arrangements. You need to check the paperwork relating to the terms of your secondment – see https://www.workingmums.co.uk/rights-after-over-five-years-on-secondment/ and https://www.workingmums.co.uk/secondment-role-at-risk-what-are-my-rights/
Amanda faint says:
I have been in my seconded role since july 2019 and been extended to jan 2022 which takes me over 2yrs.
I have signed nothing with HR even though my seconded positon said i would need to sign an agreement as it was over 2yrs.
I have just applied for a permanent postion on the floor which would include my seconded positon and was told i dont meet the criteria?
As i had togo through several interviews to get the secondment can they give it to someone else.
Mandy Garner says:
Hi, Can you write to [email protected] with a few more details? Are they threatening to return you to your substantive post? Does the role that you applied for make your secondment role redundant?
Mary says:
Hello I am in a similar position to Katie. Can you advise?
Mandy Garner says:
You need to contact [email protected] with more details so we can advise.
angela lester says:
I started a secondment on 01.08.2018 ending on 31.03.20 and was given a contract. This contract details that if the Agreement is to be renewed this must be agreed in writing and signed by Middlesbrough Council.
I was offered a further 12 months secondment but my contract was not renewed and would prefer to stay on in my seconded role.
What are my rights?
Mandy Garner says:
Do you mean that your original post is being made redundant, but your seconded role is still needed? You can still be included in the redundancy pool, but the process needs to be fair and transparent. What are the terms of your secondment agreement?
Katie says:
I have been acting ip for 28 months. The organisation is restructuring and my substantive post and the post I am acting up in are being made redundant. I am not being ring fenced and find myself in a position where I can only apply for one post, therefore I am at risk. This is a new post which is a 60% match to the acting up role and there are no technical requirements. I’m told it will be advertised externally as it’s a different salary band. I don’t mind competing for the role, but this seems unfair given my evidenced high performance. Any advice would be greatly appreciated!
Mandy Garner says:
Hi Katie,
I’m asking our employment lawyer for advice on your query.
Best wishes.