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Secondment Advice Please

7 replies

LJWT · 21/11/2016 11:06

My current role within a large FS corporation has been made redundant. I am currently 10 weeks pregnant and looking for a new role.

I have applied for a secondment (6-9 months) within the same organisation but I'm unsure whether I will be entitled to any maternity leave from this organisation.

I'm worried about asking HR directly in case it impacts my chances of winning the secondment role.

Are there any organisations that I could go to for specialist advice? Thanks

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LIZS · 21/11/2016 11:09

ACAS? Will employment be continuous or have you already been made redundant?

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CotswoldStrife · 21/11/2016 11:15

Are you still employed and/or working your notice, as you'd normally need a post to be seconded from?

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LJWT · 21/11/2016 11:18

Hello,

I am currently on notice as my entire department has been made redundant. I have queried where my 'home role' will be as the department will no longer exist.

It has been confirmed that the secondment will count as continuous service.

Thanks

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atticusclaw2 · 21/11/2016 11:23

I suspect they'll backtrack on this unless it can be done without it being a secondment. The reason being that they would need to keep your substantive post. That will cause issues with their redundancy programme.

If they don't keep your substantive post then the secondment role becomes your substantive post and they will have to make you redundant again at the end of the "secondment". Legally it's messy (I'm an employment lawyer)

Your mat leave/pay wouldn't be affected as long as there's no break in your employment.

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LJWT · 21/11/2016 11:31

Hi atticusclaw2,

I agree its messy.

Without sounding greedy, my main question is whether they have to pay me maternity pay if I go on maternity leave in the 6 month of a 6-9 months secondment/short term contract?

Thanks for your help.

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atticusclaw2 · 21/11/2016 11:36

Mat pay in this situation is purely about whether you are employed at the relevant time

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flowery · 21/11/2016 15:00

"my main question is whether they have to pay me maternity pay if I go on maternity leave in the 6 month of a 6-9 months secondment/short term contract?"

They'll have to pay you SMP (assuming you've been there long enough), but any enhanced maternity pay would depend on the terms of the scheme. If your employment was ending 3 months into your maternity leave then any enhanced pay would probably stop as it's usually only for employees not ex employees. Similarly, there may be conditions attached to enhanced pay that you wouldn't be able to meet, if for example you have to return to work for x weeks/months after maternity leave to avoid paying back enhanced maternity pay.

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