[maix27]

Is it legal for my employer to advertise my job before I've either left or been sacked?

I told him I was looking for a new job but I also have to give four weeks notice before I leave. I thought that was time for them to find a replacement?

Any help would be great, needless to say, I'm not a happy chappy...

[Badger0-0]

I can't see the problem.
They may well employ someone to work alongside you.
That would make sure he was up to steam by the time you leave.
As long as they don't sack you beforehand, I wouldn't worry about it.

[mjn]

Originally Posted by maix27

Is it legal for my employer to advertise my job before I've either left or been sacked?

No, a company cannot advertise for a position that does not exist.

[Slipperystevens]

I take it you're quite certain that you're leaving? If so, your employer may just be being pro-active in finding a replacement, in good time for them to shadow you for a few weeks before you actually go.

If you were to have second thoughts, now's the time to tell them...

[colinwheeler]

I can't see the problem with it as far as I am concerned. It may be illegal for them to advertise your specific position but they can create one that runs next to yours to get somebody in that can work next to you and learn your job before you go.

Why exactly has this upset you though? Surely having told your employer that you want to move on you are working with them as best as possible to ensure that it is a smooth transition?

[Badger0-0]

I also think you should clarify the situation.
It may well be that by telling them, they have deemed that you have handed in your notice, although it's usually in writing.

[Mr.D]

I remember a job I had once where I gave them 4 weeks notice . They then hired someone else in and expected me to train them up as well as do my job as normal.... don't think so!

[mij]

Wherever you end up, start a union as you are a natural shop steward.

[Mr.D]

Originally Posted by mij

Wherever you end up, start a union as you are a natural shop steward.

Its often been said.

[colinwheeler]

I would never leave a job without trying to make every reasonable effort to ensure that there was somebody there to make sure that the job that I was doing will still be done after I am gone. Not only is this the ethical way to do things (in my personal point of view) but also ensures that companies will always call you back in the future and that your reputation is increased through word of mouth.

[maix27]

Basically it is to prepare for me leaving 'cause apparently it takes longer than four weeks, I just think a bit of communication would have been nice.

[mij]

Originally Posted by colinwheeler

I would never leave a job without trying to make every reasonable effort to ensure that there was somebody there to make sure that the job that I was doing will still be done after I am gone. Not only is this the ethical way to do things (in my personal point of view) but also ensures that companies will always call you back in the future and that your reputation is increased through word of mouth.

Bet you have never worked for McDonalds or the like.

[Mr.D]

Originally Posted by colinwheeler

Not only is this the ethical way to do things (in my personal point of view) but also ensures that companies will always call you back in the future and that your reputation is increased through word of mouth.

Its only ethical if the company in question reciprocates to its staff . Otherwise you might as well walk about with a big "kick me" sign on your back.

[indianwells]

What about your employer?Put yourself in his position.An employee tells you he's leaving but hasn't handed his notice in.You don't know if he'll be giving 100% as he wants out but expects to be paid until he finds something better.
Then the employee gets upset because you're trying to keep your business running smoothly by recruiting a replacement for someone who doesn't want to be there and has told you they are leaving!
Blimey,you don't want much do you?

[mrtbag]

Originally Posted by indianwells

What about your employer?Put yourself in his position.An employee tells you he's leaving but hasn't handed his notice in.You don't know if he'll be giving 100% as he wants out but expects to be paid until he finds something better.
Then the employee gets upset because you're trying to keep your business running smoothly by recruiting a replacement for someone who doesn't want to be there and has told you they are leaving!
Blimey,you don't want much do you?

Exactly. I am the only person in the company to perform the role I do. If I ever leave, I know I will have to train whoever takes over. Even if I have fallen out with my employer, why should I take that out on the next guy, by not ensuring he has all the information he needs to perform the job.

[Daddy k]

My last job i left after being refused a wage increase to the level of the person who done half the work i did before me.

i was left to do the accounts, training, commision structure, and my own sales for a lousy wage.

when i said i was looking for a more realistic basic i was made empty promises for 3 months. i handed in my notice (only had to give a week) and asked do you want me to show the other guys what to do? to be told, no well be fine we know what to do.


2 months later they no longer exist!

respect is a 2 way thing and a lot of md's/companies tend to forget that

[unique]

there's no law preventing them from advertising your post, but it is a bit unusual. i'm not sure what type of work you do, so perhaps they want to get someone else in and trained up to cover themselves, and maybe they are a bit understaffed so the cover wouldn't go amiss

just because you have told them you are looking for another job doesn't mean you have given the appropriate notice to terminate your employment, and unless they have something in writing from you they have no proof of this, so if you employment ended you could claim your employment has been unlawfully terminated. if they have advertised "your job" prior to you giving notice and they then terminate your employment you then have more evidence to support your case of unlawful dismissal, so it would be an idea to keep copies of any evidence you can find of them advertising your post

if you have a union rep it might be worth having a word with them. if you reckon you will find a job shortly, and you do give notice and leave, then no harm will be done, but you know what happens to people who say they are going to leave a job before they have a new job to go to... they end up still being there 20 years later

if you are looking for another job, unless you have a special relationship with your employer or your post is being made redundant or some other special circumstance, it's not normally a good idea to tell them you are doing so, and you should only really tell them when you have a new job and are giving notice to leave. your kindness in telling your employer in advance may end up backfiring on you

[stealther]

Well I am planning on leaving my job next year as I am relocating. Had a meeting with my Boss last week which he said that he suspected I planned to move on next year! Ive never mentioned even the possibility to anyone at work. Anyway he told me I wasnt obliged to tell him just that as its a small firm it would severely impact the buisness and he would like as much notice (6 months) as possible to recruit and train a replacement for me.

Up until now I have always done my best to stitch up employers leaving at the worst time or handing my notice in and walking out there and then!

But this job is different and I like my Boss so I have decided to tell him as soon as Ive decided for definate.

Trouble is what happens if I say yeah Id like to leave in June so he recruits someone in January and starts training them then come May my circumstances change and I cant leave?

[unique]

Originally Posted by stealther

Trouble is what happens if I say yeah Id like to leave in June so he recruits someone in January and starts training them then come May my circumstances change and I cant leave?

if you want to do that, make sure you say you are "planning on, but it's not confirmed yet" leaving and you will give official notice when things are confirmed. don't put anything in writing or email to make things official until you are certain you're not going to change your mind. once you've confirmed in writing there is no going back unless your employer is nice enough to let you retract your notice, but after employing somone else and training them up over six months they might feel a little frustrated at least, particularly if they are a small company. once they have employed someone else, they are spending additional money on employing and training them, and probably don't want to be stuck with two people doing the same type of work, particularly not if they are a small company

i'm not sure how long you have been there, but if you have less than a year or 2 service it's not that difficult to make you redudant, so if you change your mind and stay on, they may choose to end your employment and keep on the other person (so don't train them that well! - the secret is never to employ someone better than you )

hopefully as you've been nice to your employer and you offer to train someone up, and you are leaving in may or whenever next year, your employer will be nice back to you and everything will work out hunky dory. who knows, if you ever come back to the uk in the future you could get a job back with them again