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 ROI on 4 May 2013
Elaine Mettler
Arthur Cox
Issues covered:

For the purposes of responding to this question, we have assumed that the relevant worker is not an agency worker on placement in the Company and is an “employee”, as opposed to a consultant, independent contractor or service provider.

In the context of a secondment or temporary “acting up” arrangement, there is no length of time in law which triggers legal rights to that position, save in respect of fixed-term employees (see below).

In respect of contractual rights, it is preferable that any changes to terms and conditions of employment (such as pay, job title/function) even on a temporary basis are agreed between an employee and employer and are confirmed in writing. If an employee is

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Register

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.

Elaine Mettler
Arthur Cox

The main content of this article was provided by Elaine Mettler. Contact telephone number is +353 1 618 0000 or email

View all articles by Elaine Mettler