What is the legal situation if an Employer.....
Discussion
Well as ever it depends on the full information of the situation. If they are advertising the same role with a view to increasing staffing and having more than one person do a job then absolutely nothing at all. If the role is clearly a one off required role and the recruitment is to “replace” the incumbent then the route would be raise it with your manager first, if not satisfied then raise it as a grievance and finally if you’re still not satisfied and a new person is employed and it’s clear they have done it to push you out then you could consider constructive dismissal action or if they have dismissed you then unfair dismissal. The right for action at a tribunal is not open to you unless you have been there for 2 years though. An employer would be rather foolish in reality to recruit someone new into a role without releasing the incumbent though.
What’s the full story?
What’s the full story?
Far more knowledgable people will be along but:
Firstly, is it "your" role, or just the same spec role? Are they increasing headcount? Is it a very specialist role that they only need one of? Are you performing?
If they are planning to make you redundant they would have to explain why and give you statutory notice (essentially a week a year). But nothing is stopping them. Though they can't make your role redundant if it is being advertised. They could however, have two people in post and then make one role redundant.
There is no need for collective consultation (e.g. 30 days heads up) if they are doing single, or less than 20 redundancies. There are a long list of protected characteristics that you cannot be made redundant due to.
Firstly, is it "your" role, or just the same spec role? Are they increasing headcount? Is it a very specialist role that they only need one of? Are you performing?
If they are planning to make you redundant they would have to explain why and give you statutory notice (essentially a week a year). But nothing is stopping them. Though they can't make your role redundant if it is being advertised. They could however, have two people in post and then make one role redundant.
There is no need for collective consultation (e.g. 30 days heads up) if they are doing single, or less than 20 redundancies. There are a long list of protected characteristics that you cannot be made redundant due to.
Thanks all so far
More info, its not me but a good friend in the same company as me
Its a very specialist role, he is performing, the board's intention is to replace him not increase the 'team' and move him to another role ( i know this as i'm fairly senior), this has not been formally discussed with him prior to the advert for his role being made public......he is concerned that when he is offered a new role he wont want it due to content of role and/or T&C's and he'll be left in a difficult position, he feels he cant be made to accept something he doesn't really want.
More info, its not me but a good friend in the same company as me
Its a very specialist role, he is performing, the board's intention is to replace him not increase the 'team' and move him to another role ( i know this as i'm fairly senior), this has not been formally discussed with him prior to the advert for his role being made public......he is concerned that when he is offered a new role he wont want it due to content of role and/or T&C's and he'll be left in a difficult position, he feels he cant be made to accept something he doesn't really want.
Volvolover said:
Thanks all so far
More info, its not me but a good friend in the same company as me
Its a very specialist role, he is performing, the board's intention is to replace him not increase the 'team' and move him to another role ( i know this as i'm fairly senior), this has not been formally discussed with him prior to the advert for his role being made public......he is concerned that when he is offered a new role he wont want it due to content of role and/or T&C's and he'll be left in a difficult position, he feels he cant be made to accept something he doesn't really want.
How long has he been there for?More info, its not me but a good friend in the same company as me
Its a very specialist role, he is performing, the board's intention is to replace him not increase the 'team' and move him to another role ( i know this as i'm fairly senior), this has not been formally discussed with him prior to the advert for his role being made public......he is concerned that when he is offered a new role he wont want it due to content of role and/or T&C's and he'll be left in a difficult position, he feels he cant be made to accept something he doesn't really want.
How do you know he is performing? What would be the point in replacing someone who is performing so what is the reason for the board decision?
Businesses make forward planning decisions all the time. It's possibly poor form if an employee who might be affected sees an ad for 'their' job. It allows 2+2=5 conclusions and takes control from management.
Whether anything contractually suspect is planned or likely or possible depends on all the circumstances, which aren't present here.
Whether anything contractually suspect is planned or likely or possible depends on all the circumstances, which aren't present here.
craigjm said:
Volvolover said:
Thanks all so far
More info, its not me but a good friend in the same company as me
Its a very specialist role, he is performing, the board's intention is to replace him not increase the 'team' and move him to another role ( i know this as i'm fairly senior), this has not been formally discussed with him prior to the advert for his role being made public......he is concerned that when he is offered a new role he wont want it due to content of role and/or T&C's and he'll be left in a difficult position, he feels he cant be made to accept something he doesn't really want.
How long has he been there for?More info, its not me but a good friend in the same company as me
Its a very specialist role, he is performing, the board's intention is to replace him not increase the 'team' and move him to another role ( i know this as i'm fairly senior), this has not been formally discussed with him prior to the advert for his role being made public......he is concerned that when he is offered a new role he wont want it due to content of role and/or T&C's and he'll be left in a difficult position, he feels he cant be made to accept something he doesn't really want.
How do you know he is performing? What would be the point in replacing someone who is performing so what is the reason for the board decision?
He has signed reviews telling him he performs and performance based bonus payments.
The company wants to use his (considerable) skills elsewhere and he hasn't been formally approached or agreed to change role, there has been no consultation or notification of notice etc. He is reluctant to take a new role on similar money with ten times the hassle for example....and would rather stay put
Volvolover said:
Yeah. His manager claims no knowledge . I know the score as I’ve said I’m fairly senior so I know the plan but I’m not directly involved .
My friend would like to keep his current role preferably but would accept a new one IF the remuneration matched the hassle .
Until the business discusses a change with him, there is nothing to discuss.My friend would like to keep his current role preferably but would accept a new one IF the remuneration matched the hassle .
Keep hold of the adverts and take notes of meetings/conversations and go from there.
It might be a great move is being planned for what is described here as a model employee. No point in s
tting the bed just yet.There is nothing inherently illegal with advertising the role, the issues start if they make an offer to someone and have them start then drop the bomb on your friend. Could be the company is trying to ascertain if there are candidates out there who meet their criteria before starting discussions with your friend.
Volvolover said:
Yeah. His manager claims no knowledge . I know the score as I’ve said I’m fairly senior so I know the plan but I’m not directly involved .
My friend would like to keep his current role preferably but would accept a new one IF the remuneration matched the hassle .
So a post is being advertised in his team and he knows nothing about it? Something is not adding up in this story My friend would like to keep his current role preferably but would accept a new one IF the remuneration matched the hassle .
craigjm said:
Volvolover said:
Yeah. His manager claims no knowledge . I know the score as I’ve said I’m fairly senior so I know the plan but I’m not directly involved .
My friend would like to keep his current role preferably but would accept a new one IF the remuneration matched the hassle .
So a post is being advertised in his team and he knows nothing about it? Something is not adding up in this story My friend would like to keep his current role preferably but would accept a new one IF the remuneration matched the hassle .
Volvolover said:
craigjm said:
Volvolover said:
Yeah. His manager claims no knowledge . I know the score as I’ve said I’m fairly senior so I know the plan but I’m not directly involved .
My friend would like to keep his current role preferably but would accept a new one IF the remuneration matched the hassle .
So a post is being advertised in his team and he knows nothing about it? Something is not adding up in this story My friend would like to keep his current role preferably but would accept a new one IF the remuneration matched the hassle .
Volvolover said:
craigjm said:
Volvolover said:
Yeah. His manager claims no knowledge . I know the score as I’ve said I’m fairly senior so I know the plan but I’m not directly involved .
My friend would like to keep his current role preferably but would accept a new one IF the remuneration matched the hassle .
So a post is being advertised in his team and he knows nothing about it? Something is not adding up in this story My friend would like to keep his current role preferably but would accept a new one IF the remuneration matched the hassle .
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