What is secondment in employment law?

In a secondment, the seconding company is providing an employee instead of providing a service. During the secondment, the employee works within the host company’s organization and is controlled and supervised by the host company’s management.

What does the law say about secondment of employees?

An agreement between the original employer and the host, possibly with a separate letter to the employee, as described above. A tripartite agreement between all three parties. The secondee can only be required to carry out any work that falls within the duties specified in the contract of employment.

Where can I find an employee secondment agreement?

An employee secondment can be arranged within the employer’s organisation and can be for one employee or a group of workers. In internal secondments, the arrangements can be less formal, and there are fewer legal requirements that must be met if the secondment is to another part of the same business.

What are the legal requirements for a secondment?

In internal secondments, the arrangements can be less formal, and there are fewer legal requirements that must be met if the secondment is to another part of the same business. It will be necessary for the employer to review the employee’s terms of employment and make adjustments if necessary.

Do you have to change your terms of employment for secondment?

However, small changes to the secondee’s terms of employment may be necessary. These might include their duties, place of work or manager for the period of the secondment. If the secondment is to a separate legal entity, for example another member of the employer’s group, then the employer and host may want a formal arrangement.

Do you need an employer’s agreement for a secondment?

As such, the employee’s agreement to the secondment, and therefore to any variation of their contract of employment, must be obtained before a secondment can commence. By law, an employer cannot compel an employee to go on secondment, nor unilaterally vary an employee’s contract of employment.

What happens to continuity of employment during secondment?

However, because the contract of employment that the original employer has with the seconded employee continues in force for the period of secondment, continuity of employment will still be preserved for the purposes of calculating any service-related entitlements and statutory employment protection rights.

Can an employee be made redundant while on secondment?

Can an employee be made redundant while on secondment? The agreement should set out whether the secondee’s role is to be kept open for them to return to after the secondment. If an employee’s substantive role is being considered for redundancy, a fair procedure should be followed to avoid unfair dismissal claims.

Who is responsible for paying a seconded employee?

The question of who will be responsible for paying the seconded employee is again a matter for agreement between the parties to the secondment. However, it is not uncommon for the employee to remain on their original employer’s payroll but for that employer to be reimbursed by the host organisation.