Can my employer advertise my job even though I haven't resigned?

howars01

Looking for some advice - I'm in fuill time employment and have recently requested flexible working - to be more exact, to work from home for 2 days per work due to moving away from the area. This is currently being considered. In the meantime I have found my current job being advertised externally on recruitment websites. I've asked why, and been told it was a mistake and that they meant to instead quietly gather CV's of potential candidates in case the remote working wasn't agreed and I had to resign.
Is this legal?

Any advice welcome!

Dillence

Yes it is legal. I work in recruitment and for various reasons we regularly recruit and advertise for replacements for people already in the position.

We are ususally quite vague about the role so that the people would not realise it is their role.

It may be right for the employer to have a back up plan, if they think that things will not work out with you. If they have had to pay for this service it could be that they are not going to agree to you working from home.

Hope they do for your sake though (my old employers wouldn't though )

im-lost

start looking for a new job, you're about to be made redundant or be told
to sling your hook.. depending on how long you have worked there..

williacg

howars01 wrote: »

Looking for some advice - I'm in fuill time employment and have recently requested flexible working - to be more exact, to work from home for 2 days per work due to moving away from the area. This is currently being considered. In the meantime I have found my current job being advertised externally on recruitment websites. I've asked why, and been told it was a mistake and that they meant to instead quietly gather CV's of potential candidates in case the remote working wasn't agreed and I had to resign.
Is this legal?

Any advice welcome!

How far are away are you moving to, and is it within a commutable range?

howars01

williacg wrote: »

How far are away are you moving to, and is it within a commutable range?

Hi, I'm moving 200 miles away but offered to work from home for 2 days a week and from the office 3 days a week staying in hotels at my cost.
My annoyance comes from the fact that they decided to start looking for a replacement before they have answered my question, therefore making it look like a foregone conclusion that the answer will be no without due consideration. Also, to replace me they would first have to wait for my resignation.
It could therefore look like constructive dismissal to me.

howars01

im-lost wrote: »

start looking for a new job, you're about to be made redundant or be told
to sling your hook.. depending on how long you have worked there..

Hi, I've been here for 4 years. Cannot be redundancy as they are advertising the same job. Cannot make me sling my hook - their only option is for me to resign or claim constructive dismissal as they are already openly looking for a replacement.

I challenged them yesterday and they immediately removed the website adverts and apologised saying they meant to look for possible candidates 'under the radar' and that they are covering the possibility of me resigning. To me this is still wrong

ILW

howars01 wrote: »

Hi, I'm moving 200 miles away but offered to work from home for 2 days a week and from the office 3 days a week staying in hotels at my cost.
My annoyance comes from the fact that they decided to start looking for a replacement before they have answered my question, therefore making it look like a foregone conclusion that the answer will be no without due consideration. Also, to replace me they would first have to wait for my resignation.
It could therefore look like constructive dismissal to me.

They have not taken anybody on, - so no constrctive dismissal.

Think you need to start looking for another job, as an employer I would doubt the commintment of someone who moved 200 miles away.

Uncertain

howars01 wrote: »

Hi, I'm moving 200 miles away but offered to work from home for 2 days a week and from the office 3 days a week staying in hotels at my cost.
My annoyance comes from the fact that they decided to start looking for a replacement before they have answered my question, therefore making it look like a foregone conclusion that the answer will be no without due consideration. Also, to replace me they would first have to wait for my resignation.
It could therefore look like constructive dismissal to me.

Less than 3% of constructive dismissal cases succeed and I would think the chance here is more like 0.03% - sorry.

Annoying as it is, your firm have done nothing wrong as yet. Were they to dismiss you on questionable grounds then (and only then) might evidence of the job advertisement come in useful as it MIGHT weaken their case.

It is not unknown for companies to look for a replacement whilst somebody is still in post. If they find somebody they prefer then can make the employee an offer to go quietly (i.e a compromise agreement). There is nothing, in itself, legally wrong with this.

Judith_W

It can't be constructive dismissal as you are still working there and your reason for resigning would be that you are unable to work as required rather them advertising the role. I'm sure if you found a way of working the required hours in the office no-one else would be taken on.

Could you rent a room Monday-Friday? This is quite common and may be cheaper than a hotel.

getmore4less

Even if they took someone on there would be no case unless they started changing things about your job to make things difficult at work.

Employers are allowed to expand and take people on

williacg

howars01 wrote: »

Hi, I'm moving 200 miles away but offered to work from home for 2 days a week and from the office 3 days a week staying in hotels at my cost.
My annoyance comes from the fact that they decided to start looking for a replacement before they have answered my question, therefore making it look like a foregone conclusion that the answer will be no without due consideration. Also, to replace me they would first have to wait for my resignation.
It could therefore look like constructive dismissal to me.

As annoying as it is, their actions were not out of the ordinary when they advertised your post, as they were clearly covering all avenues in the event that you did leave the company shortly after moving, a member of staff simply dropped the ball when placing the advert, as you were clearly not meant to find out about it.

There was never any guarantee that your employers would agree your request for flexible working, and so what were your original plans if they had simply said no to your request, and you had never seen the advert, would you have continued working there?