If an employee is seconded to another role within the organisation for a fixed term, can the employer bring the secondment to an end before the expiry of that fixed term, if there is no provision for doing so in the letter or agreement relating to the secondment? Would the position be different if the employee was paid a higher salary during the secondment?

There are no statutory provisions relating to secondments, therefore ordinary contractual principles will apply and the starting point will be the written agreement, if any, setting out the terms of the secondment.

It is clearly preferable for the secondment agreement (or other letter or document setting out the terms of the secondment) to provide that the secondment can be terminated before the end of the term, eg on notice or in specific circumstances, if that is the intention. See:

1. •

   Checklist—information needed and issues to consider when drafting a secondment agreement, under the heading ‘Duration of the secondment and termination’, and

2. •

   clause 2.1 of Precedent: Letter—secondment letter (employer—employee)

In the absence of any such provision, consideration