Redundancy post-secondment

[lunepremiere79]

I won't give too much detail, but essentially I have been seconded into a higher-grade role for the past 2 years, but had been with the company since 2018. Was on maternity leave in 2020 and came back into my role briefly for about 5 months before accepting the secondment. My maternity cover continued performing in my substantive post and last I learned she was made permanent and filled the post. I was assured this won't impact my return to my substantive role after my secondment ends. Now I am being informed that actually it will be a problem and that in effect there is no role for me to go back to because it's already been filled. They are proposing looking for a temporary project for me until I find a suitable role in the company, but if they don't find this for me, then this will go into consultation with the 2 of us competing for my substantive role. My problem with this is that what they have done is surely illegal? They shouldn't have filled my permanent role with anyone else on a permanent basis and now saying there is no role for me to return to? That goes against the secondment policy, which states that this could only happen if there was a reorg, or the role became unavailable, but it's still there - it's just been given to someone else! What are my options here? is the best option for me to get a lawyer and sue them? Any advice would be much appreciated!

This would not be a genuine redundancy according to this, but the website doesn't really make it clear what to do: www.citizensadvice.org.uk/work/leaving-a-job/redundancy/check-if-your-redundancy-is-fair/make-sure-your-redundancy-is-genuine/

I think you need to check what it says in your secondment policy, because 2 years is a long time to be seconded. The secondment policy where I am is that if your secondment goes on for longer than maybe 12 months, may be 14 months, that you have to agree to it and you aren't necessarily entitled to your old role back. You are entitled to be slotted in to an equivalent of your old role if there is one available, but not otherwise.

So it will completely depend on what your company policy states - i my case, it also to protect a worker who is working in the role that someone has been seconded from.

I assume you have double checked that the length of your secondment isn't the issue?

Hi OP here, just typing from my mobile hence different username...yes the length is not an issue, it states in the policy secondment last up to 24 months and at the end you go back to substantive role unless there was a reorg and the role has been made redundant or for other substantive business or occ health reason, none of which applies. So they clearly messed up getting my mat cover is and permanent while hoping I would find a job externally in the meantime, which didnt happen

bump!