What is a Secondment? Your Rights & Can You Refuse One

What is a Secondment

A secondment is a temporary assignment where an employee is lent to another team or another organisation, usually for a fixed period, and then goes back to their original job. The employee stays employed by their original employer throughout, normally on the same pay and benefits. The word is mainly used in Great Britain and the Commonwealth, and in India the same idea is called “on deputation”.

Secondment Meaning and Definition

To “second” an employee means to release them temporarily to work elsewhere. The person on secondment is called the secondee. The organisation that releases them is the seconder, and the organisation that receives them is the host.

Employers use secondments to build skills, to cover for absences such as maternity leave, to share expertise, and sometimes to avoid redundancies. A secondment is not the same as a permanent move or as temporary work: the employee keeps their employment with the original employer.

How a Secondment Works?

A secondment involves three parties: the employee, the original employer and the host. As Warner Goodman puts it, a secondment creates a relationship between an employer, the host and the employee.

In a typical secondment:

  • The original employer and the host agree the terms, usually in a written secondment agreement
  • The employee agrees to the move and to any change in duties or place of work
  • The original employer usually keeps paying the employee and recharges the host
  • The employee works at the host for the agreed period
  • The secondment ends and the employee returns to their substantive post

The Local Government Association’s guide to the law on secondments says the terms should be in writing before the secondment starts. It lists matters to cover, including the duration and early termination, who is the employer, pay, benefits and expenses, discipline and performance, data protection, line management and absence reporting, and training and keeping in touch.

Types of Secondment

Internal secondment: The employee moves to another department or team within the same organisation. The University of Oxford’s guidance, for example, treats internal secondments as a move where the existing contract continues and the new department pays the salary through a secondment post.

External secondment: The employee works for a different organisation, such as a client, a partner or a public body. The original employer normally remains the employer.

Examples of Secondment

  • A statistician in the UK Government Statistical Service seconded to the charity Full Fact to check political and media claims
  • A military officer seconded to a foreign unit or to another branch of the armed forces
  • A council employee seconded to cover another organisation’s short-term needs, such as maternity cover

Secondment vs Transfer

A transfer is a permanent move. In a secondment, the employee expects to return to their original post at the end. Stephensons notes that a permanent transfer after a secondment is possible, but only if both sides agree.

Your Rights on Secondment

1. Your Employer

In most secondments, you stay employed by your original employer. The risk is that the host starts treating you like its own employee. Warner Goodman warns that the host could become your employer under the tests for employment status, and Netlawman adds that a secondee may count as the host’s “worker”, which could give you some statutory rights against the host. The usual protection is for the original employer to keep day-to-day control of the contract.

2. Your Pay

The original employer usually keeps paying you and recharges the host, according to the LGA guide. Check whether the agreement covers expenses, overtime, bonuses and any change to benefits. If your pay comes out wrong during the secondment, you can read about your rights if you get a low paycheck.

3. Your Length of Service

If your original employer remains your employer, your continuous employment is unbroken, according to the LGA guide and Netlawman. If you want certainty, ask for a written statement that your service continues.

4. Your Return

The basic principle is that you return to your substantive post when the secondment ends. Policies differ, though. Oxford’s guidance says return after a standard external secondment is expected, but for its unpaid-leave option return is agreed “in principle” and “cannot be guaranteed”. Ask what happens if the secondment ends early.

Can I Refuse a Secondment?

Can I Refuse a Secondment

It depends on your contract, and there is no single rule for every employee.

A secondment usually changes your duties, your place of work or both. The LGA guide says that, because a secondment varies certain terms of the contract, the employee’s agreement must be obtained before it starts. Stephensons says employees should not be forced into a move without their consent, and that contract terms cannot be changed unilaterally. Netlawman adds that a secondee can only be required to do work within the contract’s specified duties.

What your contract says matters. If it already contains a clause allowing the employer to move you, such as a mobility or flexibility clause, the employer may try to rely on it. A clause does not settle the question. In Kellogg Brown & Root (UK) Ltd v Fitton and Ewer, the Employment Appeal Tribunal upheld a finding that two employees were unfairly dismissed after refusing to relocate. The tribunal found the mobility clause too wide and uncertain, the instruction unreasonable given the much longer commute, and the refusal reasonable. As Doyle Clayton explains, that case concerned an office relocation, not a secondment, so it shows the approach and not a rule on secondments.

If you are asked to go on secondment and do not want to:

  • Read your contract for any clause on place of work, mobility, flexibility or secondment
  • Ask for the proposed terms in writing before you decide
  • Say clearly, and in writing, what you agree to and what you do not
  • Take advice from your union, an adviser or a solicitor before refusing, because a refusal can lead to disciplinary action, and it helps to know how insubordination is treated at work

What Happens When a Secondment ends?

You should return to your substantive post, or to an equivalent one if the agreement says so. The agreement should say what happens if the secondment ends early, if it is extended, or if you leave your employer during it. In the LGA’s sample agreement, the secondment ends automatically at the end of the agreed period unless extended in writing, and it also ends if the employee leaves the original employer. Oxford’s guidance notes that it cannot guarantee ongoing employment if a standard external secondment ends early.

Secondment, Redundancy and TUPE

If your original post disappears while you are away, your employer must consider suitable alternative roles before ending your employment, according to Stephensons.

TUPE is a separate risk. The LGA guide says employees on secondment transfer under TUPE if the part of the organisation they normally work in transfers, because their original contract remains in force. It also warns that a secondment used in place of a TUPE transfer may still be treated as a transfer, citing Celtec Ltd v Astley [2006] UKHL 29.

If you may have a claim for unfair dismissal, the qualifying period matters. It is currently two years. The government intends to cut it to six months from 1 January 2027 under the Employment Rights Act 2025, according to Browne Jacobson. Check the current position before relying on either figure.

Pros and Cons of a Secondment

For the employee: new skills, wider experience and contacts, and a return to a secure job. The risks are an unclear return, uncertainty about who manages you, and being treated as the host’s employee.

For the employer: cover for absences, shared expertise, and a way to retain staff while their normal role is paused. The risks are loss of control, confidentiality and status disputes.

Common Questions

Is a secondment the same as a transfer?

No. A secondment is temporary and I expect to go back to my original job. A transfer is permanent.

Do I still get paid by my own employer on a secondment?

Usually yes. In most secondments your original employer keeps paying you and recharges the host. Check the agreement for expenses, overtime, bonuses and any change to your benefits.

Does my length of service continue during a secondment?

If your original employer stays your employer, your continuous employment is unbroken. If you want certainty, ask for a written statement that your service continues.

How long can a secondment last?

Oxford’s guidance sets no maximum, and the period is whatever the secondment agreement says. Longer secondments carry more risk, as the LGA guide warns in the TUPE context.

About the author

Daniel Rothwell

Daniel Rothwell is a Legal Affairs and Policy Researcher at A Legal Mind, covering how UK legislation and rule changes affect people in practice. He is not a solicitor or barrister, and his work does not constitute legal advice.

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