Can an employer interview & employ someone, for your job, behind your back ?
16 April 2006, 08:19 AM
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Can an employer interview & employ someone, for your job, behind your back ?
A friend of mine has just been fired from his job with a company, but the day after he left, someone joined in his exact same position. For this to happen, the company would have needed to be conducting interviews etc several weeks before, essentially interviewing people for his position while he was still working at the company.
I have pointed him to the CAB as it sounds iffy, but anyone any experience ?
R.
I have pointed him to the CAB as it sounds iffy, but anyone any experience ?
R.
16 April 2006, 08:29 AM
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Were they fired or made redundant? If fired then the company should have gone through the proper procedure e.g. verbal warning, written warning etc.
If made redundant then they can't do that as the new employee would prove that the job was not redundant.
If made redundant then they can't do that as the new employee would prove that the job was not redundant.
16 April 2006, 08:38 AM
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I believe that he was fired. He was going through a "process improvement" thing over the last 3-4 months, they set goals he has to meet, if he fails they continue this process until things get better or they don't. HR were involved, so I think that process was done properly, but he is annoyed that someone started the day after he was fired, so he believes that they made up their minds to fire him several weeks before he went, as the interview process is quite long there.
R.
R.
16 April 2006, 10:44 AM
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Course they can - they just have a vague job title so as not to exactly copy his position. Then if he is fired (legally) they can move someone into his position. Would be no difference if they promoted someone from within.
If however they advertised his exact position then constructive dismissal could be an issue.
If however they advertised his exact position then constructive dismissal could be an issue.
16 April 2006, 10:52 AM
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Originally Posted by Alas
Course they can - they just have a vague job title so as not to exactly copy his position. Then if he is fired (legally) they can move someone into his position. Would be no difference if they promoted someone from within.
If however they advertised his exact position then constructive dismissal could be an issue.
If however they advertised his exact position then constructive dismissal could be an issue.
What he said!
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