Replacing an employee - potential comeback?

[john_p]

Say you had an employee you'd had for 4 months that you decided was a bit too expensive - you could get away with someone more junior to do the same work. So you advertise for the junior, identical job description, less money.

You get someone in for interview and offer them the job, with the intention of getting rid of the previous employee subject to their month's notice.

If that employee then resigned citing that they felt humiliated about the whole thing, but before they'd been given notice, would they have any recourse against the company?

[cazzer]

Constructive Dismissal I would have thought.

[Neil_H]

Er yes, if they're perm, it's called constructive dismissal.

How do you plan to 'get rid' of the previous employee? Are they on a temporary contract?

If not, getting what you want out of that sitution will be difficult without opening yourself up to a, very justified, industrial tribunal.

[RupertTheFridge]

Definatively "Constructive dismissal" chap, big no no

[Amused2death]

Surely you would be better off renegotiating their contract, you get an experienced employee, but at the lower rate of pay?

If it was me being shafted I would feel pretty humiliated, especially as it was over a matter of salary

[john_p]

The situation being, how does the employee prove that the new job placement was not for a 'co-worker' ? Just because the advertisement is the same ?

Surely businesses recruit for people in the same roles all the time, it doesn't guarantee someone will be replaced?

[Rotary Madness]

If this was me you'd be lucky not to end up on your arse wondering why your nose was rather flat now

It would have been atleast decent to talk to them about a pay cut, or atleast negotiating something before you went along these lines.

If this isnt you but a "friend" then please ignore the above and do not take offence. If it is you, then i hope you get your ass handed to you.

[anonymous-user]

You can't fire someone who has only been with you for 4 months? Ridiculous.

[Neil_H]

john_p said:

The situation being, how does the employee prove that the new job placement was not for a 'co-worker' ? Just because the advertisement is the same ?

Surely businesses recruit for people in the same roles all the time, it doesn't guarantee someone will be replaced?

They wouldn't need to prove it as such, just convince the tribunal that the junior was brought in to replace them. It wouldn't take a genius to see what went on.

I'm still interested in how you plan to get rid. Misuse of email maybe? That's always a good one.

You sound like an absolute to work for. I really hope this blows up in your face.

[john_p]

Neil_H said:

You sound like an absolute to work for. I really hope this blows up in your face.

I'm not the employer here

[V8A*ndy]

Amused2death said:

Surely you would be better off renegotiating their contract, you get an experienced employee, but at the lower rate of pay?

If it was me being shafted I would feel pretty humiliated, especially as it was over a matter of salary

Indeed. Much better to bring them in and discuss cutbacks (unless they are not performing then that's a different matter).

I always tried to keep staff turnover low and hang on to the experienced ones, even if it cost me a bit more, because when the work comes along they could respond quickly and bring more cash in.

What you suggest, is to me is a false economy and not that fair either.

Then again all depends on the situation but it always worked for me, even through the last recession (admitedly wage costs was a lot lower back then).

[Neil_H]

john_p said:

Neil_H said:

You sound like an absolute to work for. I really hope this blows up in your face.

I'm not the employer here

You sure about that?

Well, fair enough....

[anonymous-user]

Just plant some drugs in their desk. Instant dismissal. "If you go quietly I wont call the Police" etc... Robert is your mothers brother.

[john_p]

Neil_H said:

You sure about that?

Well, fair enough....

Quite sure, it's happening to someone close to me.. I gave up employing people in 2006

[KANEIT]

Take them out for a meal, invite them back to your place, set the lights down low, rose petals, chillout music and challenge them to a wrestle. Then claim they touched your special area and threaten to out them as twisted sex pests unless they resign.

[Sheets Tabuer]

Had this happen to me.

We provided IT support for a company the bosses wife worked at and he had suspicions she was up to no good. I refused to help him until he actually got on his hands and knees and was bubbling snot everywhere, turns out she was shagging her boss. He wanted to go around and sort him out taking me for backup as I was competing in muay thai at the time.

The stupid dick actually told his wife how he found out and promply made his wife come to work for us so he could keep an eye on her.

He made her my boss which was nice and then spent the next three weeks interviewing people until he found my replacement, I was sacked on the spot when he did.

I was only there about 5 months.

[Neil_H]

john_p said:

Neil_H said:

You sure about that?

Well, fair enough....

Quite sure, it's happening to someone close to me.. I gave up employing people in 2006

Is your friend doing the employing or are they the employee? It's not very clear from your first post.

employer: they signed a contract, and have to honour it.

employee: keep a diary of everything that happens, a company would find it hard to get away with doing something like that if it's as blatant as it sounds.

[Stevie Wonder]

unrepentant said:

You can't fire someone who has only been with you for 4 months? Ridiculous.

Of course you can have you never heard of a probation period?

[john_p]

^^ contractual probation period has ended

Yes, the person I know is the employee, and after finding out about the job advertisement (through whispers in the office) and seeing the interview go on in the office next to theirs, with obvious hints that the job was similar to theirs (interview process, plus 'coded comments' from the directors while she was within earshot) gave her no doubt that the replacement was for their job.

There was no formal process followed, but after a week of dreading going in to work each day they decided to hand in their notice, a risky proposition at the moment with no job lined up. I did suggest not resigning, and confronting the company over the issue, but it's one thing to suggest and another to do.

Thanks all for the advice, I hate to be ambulance-chaser about things but I will point them toward an employment solictor (then send Neil_H and Rotary Madness around to visit the company, trust me I'm as annoyed as you'd be)

Edited by john_p on Tuesday 17th February 01:25

[Neil_H]

john_p said:

^^ contractual probation period has ended

Yes, the person I know is the employee, and after finding out about the job advertisement (through whispers in the office) and seeing the interview go on in the office next to her, with obvious hints that the job was similar to theirs (interview process, plus 'coded comments' from the directors while she was within earshot) gave her no doubt that the replacement was for their job. There was no formal process followed, but after a week of dreading going in to work each day they decided to hand in their notice, a risky proposition at the moment with no job lined up.

I did suggest not resigning, and confronting the company over the issue, but it's one thing to suggest and another to do.

Thanks all for the advice, I hate to be ambulance-chaser about things but I will point them toward an employment solictor (then send Neil_H and Rotary Madness around to visit the company, trust me I'm as annoyed as you'd be)

Edited by john_p on Tuesday 17th February 01:25

Might be too late to do anything about it now but it would be worth having a chat with an employment law specialist.

Personally I'd have let it happen, although I guess it depends how strong a position you have within the company at the time.