Can my employer advertise my job while I am appealing dismissal?

[scooby66]

As above really guys,

 

Just seen my old job on thier site and I have not even had my 1st stage appeal yet:x

[CONCILLIATOR]

Scooby66,The short answer to your question is NO.If it is your actual job that is being advertised before the disciplinary or grievance procedure is concluded or exhausted this would suggest that the decision to dismiss is a foregone conclusion irrespective of the strength of your appeal.The reason for dismissal, your employment contract and your length of service will have a bearing on what steps you could now take.By the way, did you ask your employer for an explanation of their actions?

[scooby66]

Hi, thanks for the reply.

 

It is definately my job, a real kick in the teeth agian from them

 

The emplyer sent me a letter after my dismissal to explain. They summised what I did as gross misconduct.

 

I lodged an appeal straight away so I am somewhat aggrieved to see the job being advertised before they have heard it!!

[honeybee13]

Hello scooby. It might be worth posting links to your other recent threads here, in case it helps the people trying to help you.

 

My best, HB

[scooby66]

Hi honeybee, thats a good idea.I tried to post a link and it wont let me until I get to ten posts.

[becky2585]

Hi Scooby

 

Yes and no.... your employer technically can advertise for your job role, although it probably isn't the smartest idea to do so!

 

Usually I would only say that finding your own job role advertised would give rise to a claim for constructive dismissal... however you aren't in employment with the company anymore, and couldn't therefore bring this claim in any event.

 

In law, the dismissal has already occurred, therefore they are entitled to re-advertise for your role. Clearly, however, if they were interviewing for your job and hired someone before you had exhausted the appeal process, this would look like the company had reached a foregone conclusion about your dismissal (although, this could be a sticky wicket from your point of view, as generally the appeal stage is less important than the dismissal stage itself to an ET as it is merely an affirmation of the original decision).

 

Therefore, providing they didn't advertise for your job role PRIOR to dismissing you, it is possible they may indeed be acting fairly (albeit perhaps not morally). I would certainly say argue to say the process was flawed in this regard, however.

[scooby66]

Hi Scooby

 

Yes and no.... your employer technically can advertise for your job role, although it probably isn't the smartest idea to do so!

 

Usually I would only say that finding your own job role advertised would give rise to a claim for constructive dismissal... however you aren't in employment with the company anymore, and couldn't therefore bring this claim in any event.

 

In law, the dismissal has already occurred, therefore they are entitled to re-advertise for your role. Clearly, however, if they were interviewing for your job and hired someone before you had exhausted the appeal process, this would look like the company had reached a foregone conclusion about your dismissal (although, this could be a sticky wicket from your point of view, as generally the appeal stage is less important than the dismissal stage itself to an ET as it is merely an affirmation of the original decision).

 

Therefore, providing they didn't advertise for your job role PRIOR to dismissing you, it is possible they may indeed be acting fairly (albeit perhaps not morally). I would certainly say argue to say the process was flawed in this regard, however.

 

Hiya, thanks for the advice. Very informative. I feared that would be the case. I will bring it up at the first stage appeal though.