Advice on being replaced at work

AVCB

Hi there
I have let my employer know that i am thinking of changing jobs in the next 6 months, however i have not handed in my notice.
It has been brought to my attention that they are advertising my specific job position on Indeed.com
i have been at the company for over 2 and a half years.
i would like advice on my legal rights, ie, can they employ someone else to do my job whilst i am in it, can i be made redundant?
Thanks

motorguy

AVCB wrote: »

Hi there
I have let my employer know that i am thinking of changing jobs in the next 6 months, however i have not handed in my notice.
It has been brought to my attention that they are advertising my specific job position on Indeed.com
i have been at the company for over 2 and a half years.
i would like advice on my legal rights, ie, can they employ someone else to do my job whilst i am in it, can i be made redundant?
Thanks

you cant be made redundant but maybe they think it could take time to find a replacement for you? Not unreasonable i would have thought.

You said you were likely to go in the next six months and they are looking for a replacement for you?

Cant have your cake and eat it surely?

AVCB

My question is more about, could they replace me before that time, or even after that time as i have not handed my notice in. When we discused it the agreement we reached was that i would train up a junior member to take my position. ( i am head of my department)
The uncertainty about when i am leaving is because i am applying to join the navy, before i can do this i am having a tattoo removed, which i am in the process of, and training up to pass the fitness test. I have discused all this with them and promised to keep them informed of my progress to this end.
So it has come as a bit of a shock to now see my position advertised.

TELLIT01

They are free to recruit who they want to and when they want to. The fact that the advert is for somebody to do the same work as you doesn't automatically mean they are taking over your job. The company has a duty to protect its interests, and that means having people in place to do their work.

Takeaway_Addict

AVCB wrote: »

My question is more about, could they replace me before that time, or even after that time as i have not handed my notice in. When we discused it the agreement we reached was that i would train up a junior member to take my position. ( i am head of my department)
The uncertainty about when i am leaving is because i am applying to join the navy, before i can do this i am having a tattoo removed, which i am in the process of, and training up to pass the fitness test. I have discused all this with them and promised to keep them informed of my progress to this end.
So it has come as a bit of a shock to now see my position advertised.

Why did you tell them? Surely that is what you have a notice period for???

Undervalued

AVCB wrote: »

Hi there
I have let my employer know that i am thinking of changing jobs in the next 6 months, however i have not handed in my notice.
It has been brought to my attention that they are advertising my specific job position on Indeed.com
i have been at the company for over 2 and a half years.
i would like advice on my legal rights, ie, can they employ someone else to do my job whilst i am in it, can i be made redundant?
Thanks

As you have been there over two years you would be able to claim unfair dismissal if they were to dismiss you without a lawful reason.

It is a post, not a person, that is made redundant and as you are being replaced they could not lawfully claim your post is redundant.

Beyond that they can do as they please including getting a replacement in early and asking you to train them.

AVCB

Thanks all for the advice, I think I was over worrying a bit. It's there choice really if they want to employ someone else before I officially hand my notice in. After all, it will only make my job easier.

daytona0

Takeaway_Addict wrote: »

Why did you tell them? Surely that is what you have a notice period for???

Aye! Such a silly thing to do.

I do have a feeling that OP could be a bit of a flake as well which doesn't help.... "Oooh I'll join the navy in 6 months time but I'll only tell my employer that I am *thinking* about doing that and I'll get upset when they start lining up my replacement early". I do suspect that there is a fairly good chance that, in 6 months time, OP will make a post on here about how their navy plans fell through (though in fairness it could be for a non-flake reason like failing the fitness test etc) and asking how to deal with added aggro in work from the bosses and the new person. Maybe OP will be managed out of the position after 6 months because the company don't want to carry the cost of 2x people, all precipitated by OP? Who knows!

So my advice would be for OP to try their best in following through with their plans now that the ball has been set into motion. I would be as bold to suggest that you hand in your notice NOW and give them a 6 month period to show your commitment to your navy plans...

If that is not something you are prepared to do then motorguy summed it up with the "you can't have your cake and eat it" comment.

Your employer should be absolutely fine with you for the next 6 months. In fact they'll be made up that you have given them such a generous notice period. But if you stay beyond 6 months then the silliness can sometimes start....

Next time just give them the bare minimum of notice when you have a leave date planned! Nothing more

paddyrg

What the company needs above all is clarity and the ability to continue on business beyond the employ of any one or team of employees. I've think you've done the right thing by letting them know you will be leaving for the Navy, it's clear that your current role is a job for you, the Navy is a whole career if you want it. It means the company can plan for their own future, and that'll involve continuing the business. For the sake of what might be a few months once the hiring process is complete, even less if you do some kind of handover, I doubt they'll want the legal complication of letting you go. The worst case would be moving you to some more flexible role where leaving at shorter notice will not impact the company as much overall.

But I think you've done the right thing, mooting that you want to sail the seas, it allows the company to find a good replacement unhurriedly. People don't love bad news, but they hate surprises, and you've allowed them to plan ahead, which is good for all the other staff who rely on your role in one or another way.

FBaby

It can be a very good strategic move. They are going to employ someone to do the same job than you thinking that you can coach them whilst you are still there. If you decide to stay after all, they can always let them go as they will have been employed less than 2 years, so little risk if indeed you decide not to go.

Sncjw

So you don't even know if you have a place in the navy before telling them. I'm sure your allowed tattoos in the navy as well