Advice regarding secondment

[Fluffysunshinepants]

I was seconded to a senior position in October unfortunately i was diagnosed with cancer the following month. I continued working up until the last two weeks of December when unfortunately appointments took over, as many as three a day, i was signed of for this.

My employer kindly changed this to amended duties under the equality act and informed me i would be paid for the duration of my treatment.

I spoke to my boss last week who informed me that they were asking a colleague to undertake my job but only one of us could be paid, nothing more was added.

Yesterday i contacted HR because i had heard nothing more and i have been advised that i am now on my substantive salary.

Does this seem fair? I'm torn as they talk about equality but also don't want them to reverse their decision on hem paying me whilst i receive treatment

I’m afraid I don’t know but would recommend you seek advice from UCU.
Best wishes for your treatment and recovery

Sorry, I meant your relevant union.

Are you signed off or on adjusted duties? What’s the sick pay entitlement in your contract?

I was initially signed off, but then under the equality act i was placed on ammended duties by my employer

So same hours but duties amended? What are they amended to- are you still doing the seconded role?

My boss ensured me that the job is still mine for the duration, secondment was to last nine months, but there was a clause that i may not be returning to my substantive post on conclusion due to possible changes. So i assume that the post is still mine but because a colleague is acting up to cover the secondment i was advised they couldn't pay both of us so i would go back to my substantive posts wages

But what job are you actually doing now?

I'm not sure, i'm trying to find out. Both jobs are 37 hours, i assume i am still doing the secondment but being paid for my substantive role, its not helping because i have just had a cycle of chemo so i can't get my head around it

Sorry for all the questions.

What are the 'reasonable adjustments' they have made then, if you are back working full time? What is it about the seconded job you are unable to do and therefore need amended?

The amendments have been made to take into account my treatment, as obviously i an immune suppressed due to the chemo. My job involves me coming into contact lots of people, working in an open plan office etc. Where i can't control who i come into contact with.

I have emailed HR to try to clarify what my actual role is now, my secondment or my substantive. I really don't need this having just had chemo and it's really stressful

Ok, so if your seconded job involves working in an open plan office and coming into contact with lots of people, how have your duties been amended to avoid this? Are there parts of the job which don't involve this which you are now doing? Or is it that your substantive role doesn't involve this, and is therefore doable for you?

What have you actually been doing at work since you were advised your duties had been amended? You say you are back at work 37 hours a week, but what have you been doing?

You should be talking to your manager about this rather than HR, if he/she has not been clearly exactly what your amended duties actually are. When being notified that xyz duties that you can't do because of your illness are being removed from you, you should also have been told what duties are still remaining, ie what job you are actually doing.

If it is the case that it is not possible to adjust the seconded job to enable you to return to work, but it is possible for you to return to your substantive post because the duties are different, it's not necessarily a problem to be paying you your substantive salary.

However if you are working full time in the seconded role, doing all the other duties except the ones which involve people-facing stuff, but with hours not reduced, you should be paid the seconded salary.

Just to clarify, i am not at work due to ongoing treatments which prevent me from working. I am still being paid on authorised leave.

Ok, so you're not actually back at work at all, that makes a huge difference. 'Amended duties' as a result of a disability means still having some duties, but it sounds like you are not fit for work at all, and are not in fact doing either job?

Therefore you are on sick leave (whether or not your employer is requiring a doctor's note to cover it), and are currently being paid full pay at the pre-secondment rate and want to know if you should be getting full pay at the secondment rate, is that actually the issue?

What does your employer's policy say about sick pay? Do you have a period of entitlement to full pay in the event of long-term sickness? If so, then the wording of that should clarify whether you can expect that at the seconded rate or the substantive rate.

I was getting full pay at the secondment rate but due to them getting someone else to cover i have been dropped to my substantive paygrade

Ok, so you will need to check the sick pay policy to establish what it says about what constitutes “full pay” in terms of sick pay.

I have my union on it now, cso fingers crossed i will get some information, thank you for assisting, it's much appreciated x

No problem. It should be pretty easy to work out what you should be getting from the sick pay policy, if it’s worded clearly.