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Substantive role at risk of redundancy while on secondment
I am currently covering a colleague who is on maternity leave. We work in the same department…she was on part-time hours, but I have filled her role on a full-time basis as per my contract for my actual role. The organisation has merged and under the new restructure, the document which was released showed that all of us in the team were safe. However, after a consultation period and some strong opinions from others, my original role is now at risk. I wouldn’t be entitled to any redundancy money as I haven’t worked there long enough. However, if I am unsuccessful in keeping my role, I would still be expected to continue the maternity cover role. I was under the impression that as I am on secondment I would have to be offered a position to return to. Can anyone offer me any advice?
It appears as though you have been with your employer less than two years, as you say you are not entitled to a redundancy payment. If that is the case, your employer could terminate your contract (with notice or a payment in lieu) without you having recourse to a claim for unfair dismissal other than one of the automatically unfair reasons, none of which appear to apply.
The two-year rule would, however, be determined at the point your employment is terminated, i.e. at the end of the secondment. If that would take you over two years, the position may be different.
I suggest you get some advice as to your particular situation.
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