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Employer hired replacement but I've not even handed in my notice yet

6 replies

Lissie2015 · 22/05/2015 11:42

About two months after returning from mat leave I put in a request for flexible working. Lots of discussions with HR followed, in which they mentioned they could drop the requirement for me to repay enhanced maternity pay should the request not be allowed and I would decide to leave.

I told them I would be interested in leaving but could not resign at the moment since we're in the process of buying a flat and I don't want to jeopardise our mortgage agreement.

This clearly fell on deaf ears cause they simply went ahead and have hired someone to replace me. I am still not ready to resign as we've still not completed on the flat.

Now that they've realised they've made a mistake and can't afford to have two of us doing the role the threats have started, ranging from 'you must resign today' to 'we will reduce your hours'.

Am I right in thinking there is nothing they can do to get rid of me? They can't make me redundant as they've hired someone to do my exact job. And they can't terminate my contract or change my hours unless I agree.

Thanks!

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HelenF350 · 22/05/2015 13:04

I would suggest you would have a very good constructive or unfair dismissal claim if they were to follow through with this. Do you have anything in writing from them regarding these requests and what does your contract say about working hours?

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AnythingNotEverything · 22/05/2015 13:08

What on earth are they playing at?! Don't be pressured into resigning or reducing your hours. Tbh I'd be quite tempted to stay and see what happens.

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worridmum · 22/05/2015 13:10

if you have been their less than 2 years the could fire you with no reason and you would have no come back unless you could prove discimation of protected charactics (but by the sounds of it you have been their more than 2 years as they would of fired you rather than demading you to resign)

keep a note of all the corisposnadnce of the threats and requests for you to resign as they will prove all the evidence you need for a constructive dismissal case if you choice to raise one (And i would recomend you do so after you complete on your flat)

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Lissie2015 · 22/05/2015 13:39

Thank you for your feedback!

I will have been there for three years in early August and my contract does not seem to allow for any changes to working hours (unless the work load changes, which it isn't since they've hired a full-time person to replace me).

I think I'll need to get a lawyer. Would you have any tips on where to find someone?

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AnythingNotEverything · 22/05/2015 16:17

Start by talking to ACAS. They offer free advice.

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Lissie2015 · 22/05/2015 17:59

I have talked to Acas, they basically outlined the procedures my employer would have to follow to get rid of me, etc, and also advised on getting everything in writing, which I have.

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