Constructive Dismissal

mantic70
mantic70 Posts: 4 Newbie
in Employment, jobseeking & training
Hi All
My first ever post, looking for some guidance if possible.
A colleague of mine is leaving the company, he has been working 2 months notice and i was asked to shadow him for 2 months to learn the role and take it on when he goes.
I was asked to apply for the role internally which I done, I noticed that it was advertised externally too, one of the external applicants had their telephone interview the day before me which I found strange. I was told that my telephone interview was successful and would progress to a face to face interview, I was then told 3 days before my face to face interview that the external applicant was successfull and no need to attend interview. wow that cant be right can it?
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Comments

  • lincroft1710
    lincroft1710 Posts: 17,623 Forumite
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    mantic70 wrote: »
    I was then told 3 days before my face to face interview that the external applicant was successfull and no need to attend interview. wow that cant be right can it?

    Why not ?
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  • custardy
    custardy Posts: 38,365 Forumite
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    and wheres the dismissal come from?
  • stator
    stator Posts: 7,441 Forumite
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    Certainly they should have gone ahead with both interviews that were already arranged, but I don't think they've done anything illegal.

    Put in a formal grievance/complaint about the way the interviews were handled.

    Have you already quit? I don't see much grounds for a constructive dismissal complaint, unless there are other circumstances you've not outlined?
    Changing the world, one sarcastic comment at a time.
  • mantic70
    mantic70 Posts: 4 Newbie
    because the process was not complete, if you are an expert on employment law I will back down and thank you for your input if you are just guessing and don't really know if this is legally correct please don't comment as I am looking for expert advice
  • mantic70
    mantic70 Posts: 4 Newbie
    Thanks for that
    No I have not quit...yet
    I thought the following procedure had to follow points

    advertise internally and if no suitable candidate then advertise externally
    Complete the interview process before informing candidates.
    maybe I'm just old fashioned
  • bigisi
    bigisi Posts: 925 Forumite
    mantic70 wrote: »
    please don't comment as I am looking for expert advice

    You pay for "expert" advice. If you post on a forum anybody can reply with opinions/advice regardless of their expertise (or lack of). If you only want "expert advice" go pay an employment solicitor.
  • mantic70
    mantic70 Posts: 4 Newbie
    maybe I should have said someone with experience in this situation,
  • HappyHarry
    HappyHarry Posts: 1,576 Forumite
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    mantic70 wrote: »
    Thanks for that
    No I have not quit...yet
    I thought the following procedure had to follow points

    advertise internally and if no suitable candidate then advertise externally
    Complete the interview process before informing candidates.
    maybe I'm just old fashioned

    That would be the ideal procedure.

    However, there's nothing legally stopping a company interviewing somebody and immediately offering them the job prior to completing other interviews. There can be good reasons to do so, e.g. the first interviewee has another job lined up and won't wait for the entire process to finish.
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  • peachyprice
    peachyprice Posts: 22,346 Forumite
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    mantic70 wrote: »
    Thanks for that
    No I have not quit...yet
    I thought the following procedure had to follow points

    advertise internally and if no suitable candidate then advertise externally
    Complete the interview process before informing candidates.
    maybe I'm just old fashioned

    A quick google would have told you that you thought wrong.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • polgara
    polgara Posts: 500 Forumite
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    Ok - as you've been told there is an ideal procedure and then there is the reality.

    Re constructive dismissal:

    1. You would need to resign citing that this was such a breach of your contract that you have no choice but to leave
    2. You would need to submit your case to the Employment Tribunal
    3. Constructive dismissal means the onus is on you to demonstrate why this was such a breach (hint - its not)

    Easier way to handle it is talk to the recruiting manager and say how you'd like to still shadow etc and would look forward to helping the new person settle in...oh and you are still interested in developing further
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