Internal Secondment - Rights after 2 years

[Clairemc85]

Hi, I have been on an Internal Secondment within my organisation for three and a half year, this was anticipated to be for one year (April 2019 to March 2020). It’s is now coming to an end and my organisation want to send me back to my original substantive post. My first extension to this secondment came form HR in December 2020 for three months for the period January 2020 to March 2021, this was the email received.

Re: Development Officer - Interchange

I am writing to confirm that your temporary promotion has been extended and your terms and conditions of employment will be amended as follows:
Your terms and conditions of employment will be amended as follows:
Duration: 01 April 2019 – 31 March 2021

Job Title: Development Officer

Please be advised, all other terms and conditions of employment remain unchanged.
If you have any queries, please do not hesitate to contact the undersigned.

This email refers to ‘Temporary Promotion’ and not secondment, HR has established via email that this was an Internal Secondment. I agreed to the above but in hindsight I did not understand the significant difference between Temporary Promotion and Secondment.
Post this email I have received one of these every three month to date. I believe that a secondment should only last a maximum of two years and to date I am now sitting at 3.5 years.
I am now being told that I am being moved back to my substantive post that is of a lower grade and less money. My post through Internal Secondment is going to no longer exist. Is there anything I can do regarding this? Is there any possibility of asking for redundancy, moved to a similar graded post etc. Thank you.

There really isn't any difference between a "temporary promotion" and a secondment in real terms, and there is no law that says that they can only exist for a maximum of two years. In either case, based on what you have said here, it was clear that this role would not be a permanent change and that you would be expected to return to your substantive role in due course. So I see neither redundancy or redeployment as being a right. But you can ask - nobody ever gets things if they don't ask.

I also don’t believe there is any relevance to two years when it comes to an internal move. There is no legislation over how long secondments should be and I don’t see any relevance to whether they call it a secondment or a temporary promotion.

You temporarily occupied a position that commanded a higher salary, as you are returning to your previous role it is reasonable that you would return to your previous salary, although I would expect to have the benefit of any annual payrises since then.

No you don’t have a choice, the deal was secondment to a role on temporary promotion. At the end of the secondment you revert back to previous role and grade.

Whilst it’s not good practice to extend a secondment well beyond the original period, each time you have been reminded that your substantive grade and role is xyz.

You have had 3.5 years to find and secure a substantive promotion. Start applying for jobs now, you can use the TP experience to demonstrate performing at the higher level.