Secondment nightmare - What do I do?

[Lunafloves]

I changed jobs in November 2019 and did so on the belief I was accepting a permanent vacancy. My new Line Manager made an error by tagging the vacancy for my new role on his colleagues advert for the same role as an Operational Transfer/Secondment. I received a letter stating the changes to my contract in line with a secondment and raised my concerns with HR as my previous role in the company was filled with a permanent member of staff as soon as I accepted the role I am now in. My new Manager is trying to get the role signed off as a permanent position and the last we spoke, he said it was on track and currently with finance. This was a few weeks ago now; I've emailed HR and him since but haven't had a response to date. My 'secondment' is due to end on 30th September this year.

To add pressure, I have just found out I am 5 weeks pregnant due 1st September.

I have spoken to ACAS this morning and a local solicitor who weren't any help at all.

I feel like i'm being shafted through no fault of my own. I also feel I can't tell them I'm expecting else i'm putting a nail in my own coffin.

Has anyone else ever been in a similar situation or has any knowledge to help me?

What did ACAS actually say?

You have dismissed them but they are the experts

Even if seconded you still have a permanent contract. Worst case is that you end up redundant. However as you are pregnant if there are any other roles available when the time comes they must offer them to you.

Re your pregnancy- you do not have any obligation to tell till 26 weeks so don't if you don't want to.

The delay in sorting things out with you will be due to the Christmas period. It sounds like everyone is intending to get it sorted and it's just an admin blunder.

I'm sure it will work out. Give them the a bit more time.

They advised me to wait it out as I could be worrying over nothing. If they come back and say the role is not permanent, to ask why it's temporary and what is going to happen next.

Then that's what you need to do.

It really does sound like they are trying to sort out an error.

I just feel really vunerable. I don't want it to get further down the line and they tell me they're not able to sign it off as permanent and I have no where to go from there.

Do you definitely mean secondment or is it a fixed term contract? Because surely you will still have a job to go back to once the secondment ends? If you mean fixed term contract then being pregnant or on maternity leave is a protected characteristic so you should be given priority for any other vacancy within the business. If they don't extend or make the job permenant for justifiable business reasons then you are essentially being made redundant. I'm in a similar position in that I'm pregnant and have accepted a fixed term contract however the chances of it being extended or made permanent are quite high so I'm taking my chances that I won't be left without a job.

Definitely a secondment. My old role was backfilled on a permanent basis on the advice of my current manager.

As you have been advised, I would just wait it out. Perhaps the HR process is slow, and in their eyes I imagine it's not exactly urgent. If everyone accepts that you're permanent, then that's the situation. If it turns out someone royally mucked up, then it's their mistake to fix.

If a change to your terms and conditions is given to you, then the immediate response from you is whether you accept the proposed change or not, and if you don’t, you don’t sign it and stick with current terms and conditions unless and until the proposed change is what you agreed to.

Have you gone along with the secondment or have you refused it and stuck with your permanent role unless and until the new role is confirmed as it was advertised to you?

Was your previous role permanent when you were in it? I know it became permanent when you moved out of it, but what about when you were in thr role? Are you a full employee ?

But why was your role filled permenantly if you're only on secondment? Surely it should have been filled temporarily if you're potentially going back to that job once the secondment ends?

Yes, I'm now in the seconded role as I was promised it would be sorted straight away but now getting worried especially as we're starting a family. My previous role was permanent and I was and still am a full time employee. I have no idea why they proceeded to fill my previous role on a permanent basis as I raised the whole situation while I was still in my old role!

Surely though If they don't make it permanent, then they either need to find you another role or move to redundancy. How long have you been there in full employment?

Sorry, also did you accept the new role knowing it was temporary? Or did you immediately reject it saying I only accept if permanent?

"I have no idea why they proceeded to fill my previous role on a permanent basis as I raised the whole situation while I was still in my old role!"

You should not have moved to the new role unless and until the correct details of your contract change were confirmed in writing.

However, presumably the secondment agreement at least gives the right of return to your substantive role, at which point the fact they've offered up your old role on a permanent basis becomes their problem not yours. Does the person in your old role know you've not moved on permanently and will at the moment be coming back?

I've been employed by them for 1 year 3 months (so not entitled to redundancy pay). I accepted after being told it was an error that could be rectified and that as far as they were concerned it is a permanent vacancy. Thinking about it, I have replaced someone who was permanent so I have no idea why they need to acquire sign off for it as a permanent role! I have always said I'm not interested in a seconded role. In hindsight, I should have held firm and not moved in to the role until it was sorted but I trusted it wouldn't be an issue. I don't know if my replacement knows of what's happened but I presume not.

They've made a right mess! Hopefully you hear soon that everything is sorted. How frustrating for you.

I really don't think there's any reason at the moment to think you're being "shafted". They don't seem to be in any way indicating that it's tough and you've accepted it, they seem to have genuinely cocked up and be putting it right, and haven't had any problem in being clear to you that it is a permanent role and anything indicating anything to the contrary is an error.

If it's a secondment according to your contract then you have a role to go back to at the end of the period. If it's a permanent vacancy then you carry on in the role. It seems like everything is fine. Any changes they are trying to make due to their admin error will have been delayed due to Christmas. It's probably not a priority for anyone but you, as they are confident that it can be sorted out. Dont panic, take the advice you've been given. If you want to take back some control ask for a review by end of January to confirm everything is in place, then you have a focal date and you can relax a bit and let the wheels grind in the back office.