Written confirmation Old Job filled before handing in notice!

[Gazza01]

Good Eveniing

 

As the title states I have a ex-colleague who was considering taking up a new post - they had meetings with HR where they informed HR that another post had been offered and was considering it. They kept HR informed only to be told before agreeing to take up the 2nd offered post that the current job of my colleague was going to be flled by someone else a couple of weeks time before they themself could work off their notice.

 

I take it this is constructive dissimisal? If so what particular part of the employment law covers it [i believe Breech of Contract, but I could be wrong]?

 

The unusual behaviour of HR at my old work place continues to amaze.

 

Kind Regards

[becky2585]

Hi there,

 

Your post is a little confusing... Had notice been handed in?

[Gazza01]

Hiya Becky2585

 

Nope.

[Emmzzi]

so we are clear

 

- colleague goes for a new job - with current employer or a new one?

- colleague is offered job

- colleague tells HR they have been offered a new job and are thinking of taking it

- colleague does not hand in notice

- HR tell colleague they have someone ready to take colleague's job

 

...and then what?

[Gazza01]

Emmzzi

 

- colleague goes for a new job - with current employer or a new one? [New Employer]

- colleague is offered job [Correct]

- colleague tells HR they have been offered a new job and are thinking of taking it [Correct]

- colleague does not hand in notice [Correct]

- HR tell colleague they have someone ready to take colleague's job [Correct]

 

...and then what?

[Gazza01]

To be clear Colleague has started the new job.

 

But is extremly upset at treatment and wishes to take ET route for closures sake.

 

CEO dissimissed registered complaint, no investgation beyond letter to say there was no case to answer.

[Emmzzi]

So something happened between the last point and starting new job. How was the last day of work agreed? When did colleague hand in their notice? etc. We do need the whole story in order to advise!

 

For example, if colleague just didn't show up to work.... no case to answer.

[SweetLorraine]

Confusing post - but I think the gist of it may be....

 

• Employee 1 is keen to take up a new role within the company.
  
• Ergo, the company is able to slot in Employee 2, (who is in the process of working out his/her notice) into Employee 1's old role, hence (thankfully) Employee 2 still has a job.
  
• Employee 1 is miffed because the employer did this before Employee 1 moved into new role.
  

Q: Does Employee 1 grounds for constructive dismissal?

 

Have I got the plot-line right?

 

And now Employee 1 wants to go to an ET for 'closure'?

Edited August 16, 2012 by SweetLorraine

[Gazza01]

My apologies all - never know who is lurking

 

The head of HR had a habit of acessing people PCs remotely without telling them and this forum was accessed on a few occassions.

 

SweetLorraine:

 

- Employee 1 is keen to take up a new role with (New) company.

- Ergo, the company is able to slot in Employee 2, (a Temp) into Employee 1's old role.

- Employee 1 is miffed because the employer did this before Employee 1 moved into new role. (Did not confirm was leaving at any time until accepted 2nd Job offer, this confirmation of leaving occured after receiving notification job was being filled by Temp)

Q: Does Employee 1 grounds for constructive dismissal? (Correct)

 

Have I got the plot-line right?

 

See added stuff in brackets above.

 

And now Employee 1 wants to go to an ET for 'closure'? Due to Treatment by HR/CEO.

Edited August 16, 2012 by Gazza01
Clarity [I hope!]

[Emmzzi]

I think you only have an ET on your hands if employee 1 turned up for work and was told to leave because employee 2 was now doing their old job. You have not been clear if that was what happened, or if something else happened.

 

"Closure" IMHO is not enough reason for an ET - see othe rposts for the stress caused by waiting, bundle prep, etc etc.

[Gazza01]

Another way of looking at it is :

 

- Employee 1 informs HR that they has been offered 2 jobs elesehere, original job withdrawn, so is considering 2nd job

- Hr sends notification to Employee 1 that post will be filled at certain date

- date is before Employee can confirm 2nd Job is suitable or can work off notice

- at no point did Employee 1 confirm date of leaving, only that was considering 2nd Job

[Emmzzi]

But at some point employee 1 didn't turn up for work because they were in a new job, yes?

 

I can't see what they are claiming for other than hurt feelings. There's no financail loss is there?

 

I'm sorry, on what you are describing you really don't have a case. But you also seem to not be addressing my points.

[Gazza01]

Hiya

 

Something else did happen - I cannot detail it here. But does touch on behaviour of managers, and several Civil Acts.

 

Apologies.

[Emmzzi]

Ok, well, without that, cannot advise any further. Me, I donlt think it's worth the pain for score settling and moving on with your life is better than becoming bitter....

[SweetLorraine]

Hi Gazza01,

 

the Tribunal Service use a fairly tight, prescriptive list to decide what claims to consider. It's called the 'jurisdiction list'.

 

http://www.justice.gov.uk/tribunals/employment/claims/jurisdiction

 

It might be worth having a look at it and a think about it.

 

It might also be worth having a frank discussion with a solicitor to decide on what might be best to do. I wish I had done that at the beginning of my descent into (a kind of) 'hell'.

 

Maybe your friend should shake the dust from his/her sandals, put it behind them and move on. I can tell you now, I had no idea how emotionally draining and expensive it would be just to stand up for yourself in an ET process. I can imagine your friend's ex-employer might have plenty of wriggle room to play with.

 

Best advice perhaps? Why don't you both go out and get sloshed and raise your glasses to the fact that you don't work there anymore?

 

All the best.

[Sidewinder]

Constructive Dismissal would be a non-starter - the employee does not appear to have been forced out of his job due to a breach of contract by the employer - indeed he had already secured alternative employment (although had not confirmed that he was leaving formally). The employee has also not suffered any detriment or financial loss through the employer's actions other than being (probably rightly) upset that the job was filled before he confirmed that he was leaving.

 

Certainly a breach of procedure, but no cause of legal action from what I have seen here - unless there is a lot more to the story.

[Gazza01]

Hiya All

 

Thanks for response from you all and the the advice - I will pass on.

 

Regards