What are your rights after acting up for two or more years?

I was asked to act up to a more senior position in April 2015, due to my existing line manager going on a secondment for six months. My role wasn’t replaced and I did both my “old” role and the “new” acting up role. After six months, my boss had his secondment extended so I stayed doing both roles. I stayed in this post in all for 15 months before I was offered a secondment in another organisation, on the pay band I was acting up on. Whilst I have been on secondment, my service and another service have been merged and the role I was acting up into was “merged” with another department lead role and this new post was advertised. I chose not to apply as I was keen to gain development on my secondment. I will have to go back to the department as the lower post which was what I was working as prior to acting up. I would just like to know if I have any rights regarding having worked at a higher level for two years at a far higher rate of pay.

On the face of it, there would not appear to be much you can do given that you didn’t apply for the post. However, it is not uncommon for formal secondment agreements to be prepared to deal with an employee’s rights (both in terms of job role and salary) when returning from secondment.

Did you enter into such an agreement or are the terms of your secondment documented? If so, that needs to be studied. In any event, you need to consider all relevant correspondence from the time of acting up to taking the secondment to see if the issue of what job you would be returning to and on what terms and conditions is dealt with.

Comments [14]

Hi I have been acting up for over 18 months. I was interviewed before starting the role. The managers advertise d the post internally. I applied for the same post to be permanent. I was told that I have to be interviewed again. Is this right?

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Hi
Is there a time period whereby if after being in a higher level position on secondment (advertised & interviewed to obtain the post) and the seconded position becomes a permanent post that you would automatically be able to remain in the post permanent without it being advertised etc?
Thanks

Hello
I took a secondment position in August 2016, it was originally for a fixed term for 18-months but got extended and is now (so I thought) permanent. I returned from maternity leave at the end of last year and have just been made aware that they no longer need me in my seconded role (apparently they managed without me whilst I was on maternity for 12-months). I’ve now been asked to return to my substantive post at a much lower salary. Do I have any rights? I’ve been in the seconded role for over 4 1/2 years and have always had good performance reviews and met targets etc.

Hi, Usually secondments are, by their nature, temporary arrangements. You need to check the paperwork relating to the terms of your secondment – see https://www.workingmums.co.uk/rights-after-over-five-years-on-secondment/ and https://www.workingmums.co.uk/secondment-role-at-risk-what-are-my-rights/

I have been in my seconded role since july 2019 and been extended to jan 2022 which takes me over 2yrs.
I have signed nothing with HR even though my seconded positon said i would need to sign an agreement as it was over 2yrs.
I have just applied for a permanent postion on the floor which would include my seconded positon and was told i dont meet the criteria?
As i had togo through several interviews to get the secondment can they give it to someone else.

Hi, Can you write to [email protected] with a few more details? Are they threatening to return you to your substantive post? Does the role that you applied for make your secondment role redundant?