Compulsory secondment - partner, Magic Circle law firm - 17 January 2008
Q9: Do firms have in place any compulsory secondment arrangements (ie. some firms run a ‘two strikes’ rule where, if an individual is asked by the firm to go on a secondment to another office, the individual may be permitted to refuse a first and then a second request, but if they are asked a third time to go on a secondment, they will be required to go) and - where a firm did institute such a compulsory policy arrangement - did mobility actually increase? Have firms had success with particular policies or procedures designed to encourage greater mobility?
RESPONSES
17 January – Director of Finance, Magic Circle law firm
We have a requirement that partners must be prepared to move offices if required in our partnership election terms. Normally this is applied sensitively and valid reasons for not transferring are recognised. We do not have a two strikes policy and have never asked a partner to leave merely because they would not move offices. In today's circumstances the requirement to go to another office is often impractical (three examples: spouses often have important non transferable employment / business interests of their own; female partners have grown in number and are, as a general rule, less willing to move; partners in jurisdictions outside the UK/US tend to be less willing to move partly for cultural reasons and partly because their qualification/experience is not so transportable) and I wonder whether imposing the dismissal option would hold water if contested. Legal advice would be necessary on that. I do not therefore think we will ever impose a rigid policy but will continue to rely on opportunity and motivation through enhanced experience etc. It is far better to have someone who wants to go on secondment in another office than someone who resents being there or the pressure they were put under to go there.
17 January – MP, Top 50 law firm
To date we have not needed to consider such a policy; however, if it becomes something we need to consider, I think it is unlikely that we would try and second someone to another office against their will.
17 January – Director, professional practice, patent agent
No compulsory arrangements. However it is widely known in the firm that willingness to take secondment roles is viewed favourably. Individuals who make a great contribution at a secondment location are publicly praised. A person refusing more than one secondment request would expect that the refusal would be taken into account in performance appraisal and so would affect opportunities for promotion.
17 January – HR Director, construction & property consultants
We have no policy on this but are very interested to hear the results of this survey.
18 January – HR Director, Magic Circle law firm
We include a standard mobility clause in the contract for new partners that requires them to work anywhere in the international network. In practice it is hard to enforce although we expect very strong personal reasons for anyone to decline to move and these have to be discussed and agreed ultimately with the senior partner.
18 January – MP, regional law firm
No, we have no such arrangements.
18 January – CEO, Top 25 law firm
Regrettably we have no such policy in place on compulsory secondment arrangements so I cannot help you.
18 January – Executive manager, Top 10 law firm
Compelling someone to do something they very much do not want to do is unlikely to create a motivated or committed workforce. I recommend you do it, then I can pick up your staff!
19 January – Regional MP, Top 50 law firm
We encourage secondments wherever logistics allow. However, we do not have a specific policy.
19 January – Director, Top 5 property consultants
We have no compulsory secondment provisions nor my previous firm.
21 January – HR Director, Top 25 law firm
We do not have a compulsory secondment policy. However secondments (internal and to clients) are very important and we currently actively encourage by persuasion.
21 January – Regional Managing Partner, Top 25 law firm
We don’t have compulsory secondment policies in place. From experience young professionals are often resistent to movement because of work-life balance issues (relationships / friends / family etc). I would say that some need to be more positive about where they see their futures in business terms and not be afraid to take risks in life. It’s a tricky subject - I am not sure that policies are the way forward - I suspect a more personal approach embracing how the employee views their life would resonate better
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