Advice on employment rights.

Morn

Hi all,

My partner is involved in a rather nasty situation at present and I need to get some advice on what she should do.

The Story (briefly):

Partner worked at a company previously and enjoyed her time there, she left to pursue management possibilities elsewhere but ended up doing the same job at a different place (same position).

She has been with her current employer for 1 year and has not been 100% happy so has been thinking about her options. She has kept in contact with people from the first company and in a recent conversation she was told of a management prospect which she in turn applied for and was successful in her appointment.

She will not start the new role for some time but the her current boss has already put a advert out for her job even though she has not yet given her notice. Her boss also rang the new company up and spoke to the big boss saying that it was disgusting that they were poaching her staff and that it was unprofessional, also commenting that it was an unfair recruitment process as they knew her already (even though she went through the whole recruitment process as did many others).

The Questions:

1) Are they allowed to advertise her job is she has not resigned her role?
2) Are the actions of her current boss that of harassment and if yes what action should she take?

She is nervous that she may jeopardise her new role as it is subject to successful references.

HELP.

stocks27

Having read your partners situation I would say that her employers is in their rights to advertise the role however they are doing so at their own risk as they cant appoint that person into the role until your partner has left! Unless of course they are prepared to pay x 2 salaries! They cant force her prematurely out of her job in doing so it could be "Constructive Dismissal"

Most employment law is very, very grey and you need tread carefully.

My advice would be to ignore whatever measures her current employer has taken and to concentrate on remaining professional in order to keep her new boss on side.

1984ReturnsForReal_2

Personally if I knew someone was leaving in "some time" but wasnt ready to leave because the other company couldnt employ her until such & such a date I would do EVERYTHING legal & in my power to get that person out of my company & employ someone to replace her as soon as possibe.

& looking at it not in a insular manner who can blame them.

The only thing I can ask you to clarify legalities is, how the hell does her boss know that:

1) She went for another job?
2) She has been accepted for another job?

There is (as far as I am concerned) only 2 possible answers to the above:

1) Your partner told people (NOT very professional)
2) The future employer told people (NOT very professional)


So who is to blame???

I cant blame a company for wanting to clarifying the status of an employee?

Whether its legal or not is another matter.

Morn

1984ReturnsForReal wrote: »

Personally if I knew someone was leaving in "some time" but wasnt ready to leave because the other company couldnt employ her until such & such a date I would do EVERYTHING legal & in my power to get that person out of my company & employ someone to replace her as soon as possibe.

& looking at it not in a insular manner who can blame them.

The only thing I can ask you to clarify legalities is, how the hell does her boss know that:

1) She went for another job?
2) She has been accepted for another job?

There is (as far as I am concerned) only 2 possible answers to the above:

1) Your partner told people (NOT very professional)
2) The future employer told people (NOT very professional)


So who is to blame???

I cant blame a company for wanting to clarifying the status of an employee?

Whether its legal or not is another matter.

I hear what you are saying.

My partner has been profesional throughout and atually told her current employer that she was planning to go for the job, asking if they would be her reference which they accepted.

The current boss then proceded to tell my partners collegues about her looking at another posision (not very profesional on their part) and then has pulled this one.

Also the reason for the delay in starting the new job is down to the nature of the notice period of her current job which is similar throughout the sector.

1984ReturnsForReal_2

Morn wrote: »

I hear what you are saying.

My partner has been profesional throughout and atually told her current employer that she was planning to go for the job, asking if they would be her reference which they accepted.

The current boss then proceded to tell my partners collegues (not very profesional) and then has pulled this one. Also the reason for the delay in starting is due to the nature of the notice period of her current job.

If the employer knows that your partner is trying to leave because she told them they are within their rights to advertise.

& if they have spoken to the potential employer you can pretty much assume that its as good enough as a reference for the new employer (ask the new employer to clarify if this is acceptable, if not they can get a Director to call up to "clarify" what the problem is & get a couple of dates & ask some additional questions whilst listening to the rubbish from the current employer).

Once you have clarification of the above your partner should tell her current employer their actions are making it untenable for her & suggest they release her immediately from the contract.

Job done...


(PS I just thought of another reason they could of found out - There could of been an employee at the new employers who told the current employer - Apologies for assuming)

Anyway. Once they have placed the ad for her job its common knowledge so telling other employees isnt an issue really is it?.

Morn

1984ReturnsForReal wrote: »

If the employer knows that your partner is trying to leave because she told them they are within their rights to advertise.

& if they have spoken to the potential employer you can pretty much assume that its as good enough as a reference for the new employer (ask the new employer to clarify if this is acceptable, if not they can get a Director to call up to "clarify" what the problem is & get a couple of dates & ask some additional questions whilst listening to the rubbish from the current employer).

Once you have clarification of the above your partner should tell her current employer their actions are making it untenable for her & suggest they release her immediately from the contract.

Job done...


(PS I just thought of another reason they could of found out - There could of been an employee at the new employers who told the current employer - Apologies for assuming)

Anyway. Once they have placed the ad for her job its common knowledge so telling other employees isnt an issue really is it?.

Again good points.

The employer told my partners collegues before advertisment went out and before the interview date was set (that is unprofesional at best).

There is not an option of early release full stop (not being awkward just somthing that is 100% not possible).

Thanks for your input on this though, you have raised some good points.

P.S. Appoligies if I am being a little obscure with certain facts, I just dont want this to have any come back on her.

sandiep

Normally you go for the interview, the offer is made subject to references, and then you tell your current employer when you've decided to leave.

This avoids all of the above.

Morn

sandiep wrote: »

Normally you go for the interview, the offer is made subject to references, and then you tell your current employer when you've decided to leave.

This avoids all of the above.

Again the situation is not normal as it is in the academic spectrum.

Things operate diffrently here as there are long notice periods etc, this makes it impossible for my partner to manouver and leaves her having to take the rubbish the current employer is dishing.

LinasPilibaitisisbatman

I see the employers point.

There is no harassment.

The new employer did poach them which may well be considered inappropiate or immoral or against the industry ethos and in informing them of her intent to leave they are entitled to seek a replacement as long as they meet their obligations


What exactly did your partner expect? the current employer to go oh thats ok, leave me in limbo until such a time your new employer feels like taking you on.

You also have to wonder what your partner is thinking at accepting a new job who cant give her a firm start date.

Also depending on how long she has worked there the old employer could terminate her contract.

Morn

LinasPilibaitisisbatman wrote: »

I see the employers point.

There is no harassment.

The new employer did poach them which may well be considered inappropiate or immoral or against the industry ethos and in informing them of her intent to leave they are entitled to seek a replacement as long as they meet their obligations


What exactly did your partner expect? the current employer to go oh thats ok, leave me in limbo until such a time your new employer feels like taking you on.

You also have to wonder what your partner is thinking at accepting a new job who cant give her a firm start date.

Also depending on how long she has worked there the old employer could terminate her contract.

Please read my above post.

In academic there is a terms notice on all contracts, the new job will not begin till the new academic year and the notice deadline for the current post is not untill the end of this half term (next week).

In essence your point are moot as the situation has arisen because of the processes that education industry impose.

Finally how did the new employer poach the my partner, she simply found out as a result of a conversation with a friend who just so happens to still work at the new place. I am interested in this one.

Cheers for your comments

1984ReturnsForReal_2

Morn wrote: »

There is not an option of early release full stop (not being awkward just somthing that is 100% not possible).

Unless a magistrate has sentenced her for breach of licence there is always a possibility of early release.:rotfl:


The only thing that would may hinder anyone in Education/Academic sector is working around the term times or if they work in academic professions in the military or prisons a full clearance may prolong the period needed to find a replacement.


The first thing you need to do is get an offer from the potential employer & then get in writing if they can start her prior to the start date should she be able to negotiate a sooner start date.