Secondment can mean loss of status in old job

An employee who had chosen to be seconded on an “open ended” basis no longer worked for the local authority she had been seconded from, according to the Employment Appeal Tribunal.

Dr Christine Fitton, a manager in the City of Edinburgh Council’s education department, was seconded to the Edinburgh Lifelong Learning Partnership (ELLP) initially for about twelve months. When she asked for her post to become permanent, ELLP agreed that she should remain “permanently seconded” to that post with the intention that she would remain there until she retired and not necessarily return to work for the council.

She was asked to relinquish her management post with the council, which she did, although she was guaranteed a comparable post with the council if her secondment arrangement came to an end.

When Fitton subsequently brought claims of sex discrimination and constructive dismissal against the council the tribunal held that she was no longer employed by them and her claim could not succeed. This was because Fitton no longer had any obligation to the council and was no longer subject to their control; consequently she could not be their employee.

The Employment Appeal Tribunal upheld the initial tribunal’s decision, saying it was right to focus on the fact that ELLP had become responsible for all her work matters including setting her salary.

Fitton v City of Edinburgh Council UKEATS/0010/07