How long can a full time employee be in a temporary position before they have rights to that said position? For example if they were working in a temporary position (secondment) with an increased salary, how long would it be before they could, or could they, claim to have “rights” to that position?

Posted in : First Tuesday Q&A NI on 2 April 2013
Arthur Cox
Arthur Cox
Issues covered:

The nature of a secondment is that it should be for a temporary period, with the employee returning to his or her substantive role after a period of time, with no entitlement to the temporary position.

The situation can become more complex when an employee is in a temporary position for a long period of time, but there is no set period of time after which they can claim to have employment rights to the position.

While time in the temporary position is a relevant consideration, it needs to be considered with the following two factors.

The first factor is what clarity there is regarding the move to the temporary position. For instance, whether an agreement is in place regarding the move to

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Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Arthur Cox
Arthur Cox

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