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Can l be be forced to move from a permanent contract to a fixed term contract for a secondment

20 replies

EL8888 · 15/08/2023 15:17

I have been offered an internal secondment at work. Immediate manager agreed to release me to do the secondment but now their manager has declined it. Reports they need more staff not less and me leaving would cause further staff shortages. Senior manager has “offered” l take the secondment which is 18 months long, leave my current permanent contract and go to a fixed term contract. Obviously at the end of the secondment it may continue it may not and l may end up with no job. I don’t think this is correct from an employment law perspective

To me it just feels like a scare tactic and / or an attempt to make it look like he is compromising

OP posts:
HesDeadBenYouCanStopNow · 15/08/2023 16:04

They can offer this but you don't need to accept.

Your existing team may then refuse to release you for a secondment noting that they can't manage the absence and it may be harder or more expensive to cover you for a fixed period than if they could recruit a permanent replacement.

Personally I wouldn't chose to put myself in a fixed term from a permanent position unless it was a significant pay increase and an experience opportunity that it liable to lead to new steps in my career.

But I have financial commitments, you may have more scope for risk taking.

Ilikewinter · 15/08/2023 16:07

Yeah they can do it......wouldnt touch that with a barge pole though...I would spend the whole time worrying about my future!

EL8888 · 15/08/2023 16:22

Ok. I had a nasty feeling this was the case. In all honestly l am tempted to quit full stop -there’s a massive backstory with not being paid properly, fighting for them to recognise my pregnancy rights etc etc. This is probably the final nail in the coffin

Im not in a position to make things so precarious for myself -childcare expenses, re-mortgage coming up etc. It was a small uplift in pay, the majority would be eaten up in travel expenses. The experience would be excellent and there was training - but l found out last week it’s been deferred until a January start time. It was meant to start in a few weeks. Increasingly it looks like a dead duck

OP posts:
EL8888 · 15/08/2023 16:38

The other option they put on the table is l do mix of old role and new role. I work 33 hours a week thanks to childcare costs so l would be spread VERY thinly. They claim l will be allocated different days for each role but l am sure that will slip when managers deem the teams are more busy

OP posts:
CantHaveTooMuchChocolate · 15/08/2023 16:41

EL8888 · 15/08/2023 16:38

The other option they put on the table is l do mix of old role and new role. I work 33 hours a week thanks to childcare costs so l would be spread VERY thinly. They claim l will be allocated different days for each role but l am sure that will slip when managers deem the teams are more busy

I wouldn’t touch either with a barge pole, especially the mix, you know you’ll end up doing both jobs full time, extra stress and workload, etc. I’d start looking for something better elsewhere.

EL8888 · 15/08/2023 16:52

@CantHaveTooMuchChocolate yep, exactly. I’m sure senior manager would be happy if l took option 2 to solve some of their problems but realistically it won’t end well for me. I literally can’t afford to work more hours. Oh and the mix of the 2 jobs also means not even a small pay uplift apparently. They really have no respect for me do they?

But yeah lm stuck between the devil and the deep blue sea. It could be argued l could stick with my current role but l now have a very taste in my mouth. Most likely l will stick with temporarily but then jump ship for another role

OP posts:
Blanketpolicy · 15/08/2023 17:34

Happens at our place all the time. If someone wants to do onto a secondment or project for over a year there is no guarantee of a job after. The idea is with the right opportunity they fast track their career or gain experience that makes them attractive for the next secondment/project/job opportunity either internally or with another company.

It means the department you are leaving can recruit a new FTE instead of being in limbo not knowing if you will come back or not.

Before their secondment is over they are on the lookout for opportunities for new secondments/projects/permanent roles either in the company or externally.

If they cannot find something internally they are entitled to redundancy.

I have never done it (too risk adverse!), but there are people in our company who had done this for 25+ years, but also others who were made redundant when there wasn't an appropriate opening for them at the right time.

AnSolas · 15/08/2023 17:37

Ilikewinter · 15/08/2023 16:07

Yeah they can do it......wouldnt touch that with a barge pole though...I would spend the whole time worrying about my future!

No they can not change the OPs contract without the OP accepting the change

AnSolas · 15/08/2023 17:43

OP what is in either option for you?

Your mangers manager said your role is needed in your current department.
So what benefits are you getting out if moving department or reducing your FT to 1 PT roles?

similarminimer · 15/08/2023 17:51

If you're thinking of leaving anyway then nothing to be lost by going to the fixed term contract if good for your cv? You can look for other work whilst doing the new role if you would prefer that.

Ilikewinter · 15/08/2023 19:09

AnSolas · 15/08/2023 17:37

No they can not change the OPs contract without the OP accepting the change

Sorry, thats what I meant, if the OP went for the fixed term contract the employer could switch her to that.

AnSolas · 15/08/2023 19:23

Ilikewinter · 15/08/2023 19:09

Sorry, thats what I meant, if the OP went for the fixed term contract the employer could switch her to that.

👍

EL8888 · 15/08/2023 19:29

AnSolas · 15/08/2023 17:43

OP what is in either option for you?

Your mangers manager said your role is needed in your current department.
So what benefits are you getting out if moving department or reducing your FT to 1 PT roles?

Zero benefits basically. A course “might”
start in the new year but might not

OP posts:
EL8888 · 15/08/2023 19:31

similarminimer · 15/08/2023 17:51

If you're thinking of leaving anyway then nothing to be lost by going to the fixed term contract if good for your cv? You can look for other work whilst doing the new role if you would prefer that.

Mortgage is up for renewal in the spring so lm reluctant to cause issues for that. Already dreading the mortgage hike we will experience

OP posts:
similarminimer · 15/08/2023 19:33

Ah - ok that makes sense. Hope you find an interesting job with employers who are not taking the piss.

EL8888 · 15/08/2023 19:37

EL8888 · 15/08/2023 19:29

Zero benefits basically. A course “might”
start in the new year but might not

For option 2 senior manager might also want to start sticky beaking into my flexible working. But
there is no flex there, my husband also has flexible working and childcare can only do 2 set days with no flex. We are currently forking out £140 a day on childcare including no wipes / food / nappies. Pick up is also 530 🙄 Not great but the best we could find. Will probably review in the new year

OP posts:
EL8888 · 15/08/2023 19:38

similarminimer · 15/08/2023 19:33

Ah - ok that makes sense. Hope you find an interesting job with employers who are not taking the piss.

Here’s hoping. There is a shortage for my work skill but as are rarely treated fairly or nicely.

OP posts:
Newestname002 · 15/08/2023 20:47

@EL8888

^Zero benefits basically. A course “might”
start in the new year but might not
^

Sounds very "jam tomorrow" doesn't it? I'm not sure I'd base my financial future on this, especially if you already are aware of particular costs (eg mortgage) riding in the near-ish future. If you are able to stay in your current permanent job that might be best, whilst you take a look at the market for opportunities which might better suit your skillset both in development and financial reward. 🌹

EL8888 · 15/08/2023 21:45

Newestname002 · 15/08/2023 20:47

@EL8888

^Zero benefits basically. A course “might”
start in the new year but might not
^

Sounds very "jam tomorrow" doesn't it? I'm not sure I'd base my financial future on this, especially if you already are aware of particular costs (eg mortgage) riding in the near-ish future. If you are able to stay in your current permanent job that might be best, whilst you take a look at the market for opportunities which might better suit your skillset both in development and financial reward. 🌹

Yep, you have summarised correctly. Thanks for your advice and l agree

OP posts:
AnSolas · 15/08/2023 22:15

Your managment line want you in your current role.
So if the course is external get your sign up details together and whatever training costs like books study days and look for managment to sign off and fund it as a "condition" of you staying in the role.
They can say no but you loose nothing
While they dont pay a recruitment fee and spend time training in a new employee

If they give it to you try not to sign to lock yourself in to repaying the fees if you leave

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