As the workplace continues to evolve, internal secondments are becoming an increasingly common feature within many organisations. Whether used for career development, skills training, or support during organisational changes, secondments can offer valuable opportunities for employees. However, they can also raise important legal and contractual questions. At Stephensons, we understand that clarity around internal secondment employee rights is essential to ensure fair treatment and legal compliance.
What is an internal secondment?
An internal secondment involves a temporary move by an employee from their usual role to another role within the same organisation. Typically, the secondment lasts for a fixed period, after which the employee may return to their substantive post or be considered for a new permanent position. Internal secondments may be used for a variety of reasons, such as covering maternity leave, working on a specific project, or gaining experience in a different department.
Despite the temporary nature of these moves, internal secondments often require clear terms and mutual understanding to protect the rights of the employee and the interests of the employer. A secondment does not generally result in a change of employer, but it can alter an employee’s day-to-day responsibilities, reporting lines, and work location.
Are secondment arrangements legally binding?
Yes, while internal secondments may appear informal, they are legally binding if agreed upon with clear terms. It is advisable that secondment arrangements are confirmed in writing, ideally through a secondment agreement. This agreement should outline the scope of the secondment, its duration, pay and benefits, reporting structure, and the employee’s rights upon its conclusion.
A well-drafted secondment agreement helps prevent disputes and clarifies expectations. If no written agreement is provided, the original terms of the employment contract remain in force, but uncertainty may arise regarding changes to duties, location, and rights of return.
Key internal secondment employee rights
Employees who are seconded internally retain their fundamental employment rights. However, certain rights may be affected depending on how the secondment is managed and whether the terms are clearly defined. The following are key rights and considerations for employees entering into internal secondments:
- Right to be informed and to consent – Employees must be fully informed about the nature and purpose of the secondment and should not be forced into a move without their consent.
- Continuation of contractual terms – The original contract of employment usually remains in force unless amended by mutual agreement. This includes terms relating to pay, benefits, holiday entitlement, and notice periods.
- Right of return – Employees should have a clear understanding of their position upon the end of the secondment. In most cases, they should have the right to return to their original role or an equivalent position.
- Protection from unfair treatment – Any detrimental treatment during or after the secondment, such as exclusion from promotions or unfair dismissal, may constitute a breach of employment law.
Pay and benefits during a secondment
Unless otherwise agreed, employees on internal secondment are usually entitled to continue receiving their normal pay and benefits. However, in some cases, the seconded role may come with different compensation or allowances. These should be clearly stated in the secondment agreement or through a formal variation of contract.
If pay is increased during the secondment, it is important to confirm whether this change is temporary or permanent. Equally, if the employer seeks to reduce pay or remove benefits as part of the secondment, this must be agreed by the employee, as unilateral changes to contract terms are not allowed under employment law without employee consent.
Right to return to original role
One of the most critical aspects of internal secondment employee rights is clarity around what happens at the end of the arrangement. Unless otherwise agreed, employees should be able to return to their original position. If that position no longer exists due to restructuring or redundancy, the employer must consider suitable alternative roles before taking formal steps to terminate employment.
In some instances, a secondment can lead to permanent transfer if both parties agree. However, if the employee is not offered a return to their original job or an agreed equivalent, this may amount to a breach of contract or even unfair dismissal, depending on the circumstances and procedure followed.
Changes to job duties and responsibilities
During a secondment, employees may be asked to perform different duties or report to different managers. Although this is to be expected in many secondment arrangements, it must still align with the employee's skillset and level of seniority. An unreasonable change in responsibilities or a demotion could be seen as a breach of contract or constructive dismissal if not agreed to by the employee.
Employers should also ensure the employee is not disadvantaged by changes in visibility to senior management or exclusion from team activities, which could hinder future promotions or opportunities.
Training, development, and progression
Internal secondments are often seen as a tool for professional development. Many employers use secondments to give employees new skills and broaden experience. Employees should be encouraged to discuss with their employer how the secondment fits into their long-term career plan, and any training or mentoring opportunities that will be made available during the secondment should be clearly outlined.
Employees must not be overlooked for promotions or advancement opportunities due to their temporary relocation within the organisation. Failure to treat seconded employees fairly in this regard could result in claims of discrimination, especially if the secondment is used to justify different treatment without objective justification.
Disputes during or after a secondment
If disagreements arise during or following an internal secondment, it is important to address them promptly. Employees should be given access to grievance procedures and the ability to raise concerns about any unfair treatment, contractual breaches, or failure to reinstate them in an appropriate role. Where issues cannot be resolved internally, legal advice may be necessary to protect the employee’s rights.
Some of the most common disputes include:
- Denial of return to original or equivalent role
- Unilateral changes to pay, hours, or job duties
- Discrimination or disadvantage as a result of the secondment
- Unfair selection or lack of transparency in offering secondments
How can Stephensons help?
At Stephensons, we have considerable experience advising employees on their employment rights, including in relation to internal secondments. Whether you are preparing to enter a secondment, currently undertaking one, or facing difficulties after returning, our employment law specialists can provide clear, professional legal advice tailored to your situation.
We can assist with reviewing or negotiating secondment agreements, advising on potential breaches of contract, and representing employees in disputes with their employers. We always aim to resolve matters amicably, but when necessary, we are prepared to take legal action to protect your rights.
Final note
If you are concerned about your internal secondment employee rights, call us today on 0161 696 6170 or fill in our enquiry form.
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