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I have been in my seconded role for plus two years. This role is now going to consultation. Should I be involved in the consultation?
I understand that your query relates to whether you should be included in the consultations for a restructure in the business where you work as a secondee. This will depend on who your employer is and I understand that you have nothing in writing to clarify this point.
With a written secondment agreement, it is likely that your original employer remains your employer despite the secondment. In this case, you are unlikely to be involved in any consultations involving your host employer.
Without a written agreement, your true employer would be a matter of fact in your particular circumstances. Many employees will return to their original employer following the secondment, the principle being that the employee is simply temporarily lent to the host employer. If however, the host controls your activities, the work that you do, your line management, your annual leave etc, there is an argument that the host has become your employer and you should then be involved in appropriate consultations relating to the host.
*Helen Frankland assisted in answering this question.