There has always been some uncertainty about the employment status of a seconded employee. Is the individual the employee of the seconding organisation or that of the organisation enjoying the benefit of his or her work?

In Doctus Management Consultancy v Rostron [1989] EAT IDS (474/88) Rostron had been seconded to another group company. The parties’ intention was that at the end of the secondment Rostron should become the employee of that company. The secondment duly expired and Rostron continued working for the company.