How would a secondment be affected by a secondee going on maternity leave or paternity leave?
Secondees will retain their employment rights and so will be able to take maternity leave or paternity leave or any other form of “family friendly” leave. In practice, many employees would not want to be on secondment during leave and the host company would not want to pay the employer for the secondee’s time if he or she would not be performing work for them. It is therefore recommended that the employer discusses personal circumstances with individuals when considering whether to second that individual. Employers should be aware, however, that treating an employee less favourably because they will be taking statutory leave could be deemed to be discrimination. If the secondee is pregnant the employer will want to be certain that the host company is providing a suitable working environment for her. Similarly, the host company may also be required to conduct a risk assessment under health and safety legislation. The secondee will be entitled to take a reasonable amount of time off from