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Original poster

They’re headhunting for DH’s job while he’s in it

122 replies

user47000000000 · 12/02/2019 09:49

DH heard from an industry connection that his job is being headhunted for on the quiet. Background is that his organisation is hyper critical and aggressive with horrible blame culture. He didn’t get a great review last year and an employee submitted a grievance against him (which wasn’t upheld) last year as well. He spoke to his boss last year and said he felt concerned he would lose his job and was completely reassured this was not the case and was told he was being paranoid.

We spoke to a solicitor who said that because he’s been in the organisation less than two years they can just get rid of him and pay only his notice.

This seems ridiculous. Is anyone able to offer any advice? Now poor DH has to go into work every day wondering if this is the day he’ll be told to leave. His organisation have no clue that he knows his role is being recruited for. He is obviously starting to look for a job on the quiet now but he (and I) are incredibly stressed as he’s the main breadwinner and the solicitor told us that legally they didn’t even have to pay his notice period.

Thanks in advance for any advice.

Posting in AIBU for traffic.

OP posts:
Original poster
user47000000000 · 12/02/2019 10:59

Yes I mean not in a good way. DH wants to stay in role as long as he needs to find another role and then try and get out with payment in lieu of notice if that’s all he can manage.

No - he doesn’t have a way to find out but given a few other things that have gone on it makes sense. He’s had a feeling for a while and a supplier he is on good terms with took him to one side and asked if he was leaving as he’d had a call from someone he knew asking about that role as he’s been approached for it.

OP posts:
Atalune · 12/02/2019 10:59

I WOULD NOT go on sick leave. It will reflect badly on him and although I am not sure, might it be something you have to disclose in a reference?

SpanielEars070 · 12/02/2019 11:00

Don't get him to get signed off. That's a really bad reflection on his character and may be mentioned on a verbal reference. Just because his employer is behaving badly doesn't justify him doing the same.

Just look for another job, and move on. It's clearly not a good fit for either of them, and chalk it up to experience.

Atalune · 12/02/2019 11:01

If they are only recruiting now it could be 2/3 months before they employ someone.

My DH has a year notice period as he is quite senior. So depending on the level they are recruiting at it could be a long time.

Do you work? Can you pick up more hours or work?
Can your dh begin some casual work in the eves or at weekends to build up a buffer?

Bluerussian · 12/02/2019 11:02

Sounds like a horrible firm. Get your husband to search for another job!

Bluntness100 · 12/02/2019 11:02

And no don't sign himself off with stress if it's not true, it will possibly impact on his ability to find another job. He may also need a reference going forward and could maybe negotiate a good one if he keeps his head down, gets on with it, and tries to get another job ASAP.

badlydrawnperson · 12/02/2019 11:05

So legally they can literally just say “it’s not working out, here’s your notice” even though he hasn’t actually done anything?

Yes - the period to qualify for employment rights keeps moving back and forward - it's a real political football. Tories always increase the time before you can claim, Labour usually reduce it and so on.....

It's also one of those rights the EU doesn't give us, so Brexit doesn't affect.

The exception would be if he can prove he's being discriminated against on the grounds, for example of a disability. This is very very hard to prove.

KitschBitch · 12/02/2019 11:19

Would he have a case for constructive dismissal?

badlydrawnperson · 12/02/2019 11:20

Would he have a case for constructive dismissal?

Not until 2 years service.

Constructive dismissal is very difficult to argue too

StatisticallyChallenged · 12/02/2019 11:22

No KitschBitch, under 2 years so he can't claim constructive

MRex · 12/02/2019 11:22

So he's actually been there 15 months, not 2 years. And he got a bad review at 12 months as well as a grievance being raised. He would have to be incredibly naive to think he wouldn't be managed out of the role with that record. I don't understand where you can have moved to that only has one company and I think that might be panic talking. He needs to talk to recruiters and be open to doing different roles in different industries, a different role might suit him better anyway.

Atalune · 12/02/2019 11:23

mrex are you the op? How do you know the time scales? Confused

Original poster
user47000000000 · 12/02/2019 11:26

mrex he did think he would be managed out and spoke to his boss about it who told him he was paranoid!

It’s not that there is only one company. It’s just that he’s in a senior role and there’s only one large business which pays decent salaries which gets him home by 6:30 to see the kids!

OP posts:
Bluntness100 · 12/02/2019 11:27

There is no case for constructive dismissal before the two years, they can simply terminate.

I'd also urge him to think through what performance improvements he can make whilst in the job, he may still be able to pull it back, although it sounds unlikely.

It could be it's just a shit company, but seldom do companies hire with a desire to fire, so if there is a performance related issue there, can he try to remedy these quickly to show improvement? It might just make them think twice.

When you say his review was not good, what did they say were the main concerns? What did the employee grievance against him involve (I know it wasn't upheld, but this doesn't always mean there was nothing behind it)

Even if he disagrees with their points, can he try to show improvement in those areas to get him through to finding another role?

Whatthefoxgoingon · 12/02/2019 11:31

Agree with everyone else: don’t go on sick leave unless you’re sick, keep his head down and job hunt like mad.

I know the company doesn’t sound great, but the job market isn’t good at the moment, and with Brexit coming up, likely to get worse. He really needs to get his skates on and find that new job. Worrying times, I feel for you. Hope it all works out. Flowers

MRex · 12/02/2019 11:31

@Atalune - she said it'll be 9 months until he's reached 2 years.

@user47000000000 - I think it's very unlikely that he knows the salaries at every organisation, nor how many would allow early start/finish and work from home days, but regardless he can't earn that salary for few hours because he's being managed out. He's really got to look for other jobs, there's no other way around it. It's he sure the hours haven't been an issue? 6.30 must be leaving by 5.30/6 every day, which is very early for any senior manager to get home 5 days a week - does he never stay late?

OlderThanAverageforMN · 12/02/2019 11:32

it’s not that there is only one company. It’s just that he’s in a senior role and there’s only one large business which pays decent salaries which gets him home by 6:30 to see the kids!

That's quite unusual then. It depends where you are, and what city you can access, but most of the people I know work in London and live in Surrey or Kent, they come home about 8/9. There are companies out there though, who are moving towards working from home one or two days a week. Don't discount the city jobs..... they can be quite flexible, and at this point getting a job in hand is most important.

fruitbrewhaha · 12/02/2019 11:37

mrex are you the op? How do you know the time scales?

Because OP said he had 9 months to reach 2 years.

I'm with mrex on this. It doesn't sound like this is the job for him. What you call hyper critical blame culture could, to the employer, be that your DH is not fulfilling the role and they keep having to pull him up.

The company have given it 15 months and it's not working out. They are not going to go through the expense and headache of recruiting for the role again just because they feel like it.

Bluntness100 · 12/02/2019 11:37

Where was the company he worked before op, and why did he leave?

Worldweary · 12/02/2019 11:42

I was a headhunter for quite a long time. When being briefed we used to ask for a great deal of background on why they were looking for someone. Therefore, the headhunter will have been given a story. Anyone applying for the job would also ask why the vacancy was there, so they would receive a story. Your husband's company must certainly be aware that your husband would find out through the grapevine that his job was part of an active recruitment campaign.

I think your husband should phone up the headhunter and ask some questions about the assignment and how it came to pass. "Looking at the job description it sounds as if I work in a very similar field, and would like to ask some questions etc.etc". If he gives his name I'm sure it'll mean nothing to the headhunter. Generally, we weren't given the names of current employees. The headhunter will ask him where he's working at the moment. Your husband can answer that in a general way. I'm sure your husband can conduct the conversation in a way to find out what he needs to know. At some early stage the headhunter will say that he can't divulge details of his client etc. etc. I used to get this all the time. Candidates would phone up saying "Is this XYZ company? etc. etc."

Beyond that, he has other options. Interim work, for instance. It may mean spells of time working away but it will give him an income and some experience of other companies which, in many cases, lead to permanent employment. If he does go the interim route, he'd need to set himself up as a limited company (but only do that if he does lose his job - he will not be able to do that while he is a permanent full-time employee of his current company).

p.s. It was very very unusual to be given an assignment where the current incumbent was in post and completely unaware that their job was being advertised. If I was ever given something like that I would have been very uneasy and would have advised the company to put some consultative process in place first (because I knew full well what would follow).

TheJobNeverEnded · 12/02/2019 11:43

I know you don't want to hear this but we lived in a fairly rural location and job opportunities for Dh to progress his career weren't local so it was stagnate or move.

We ended up with him applying for a job and being successful, I had to leave my lower paid than him job, sell our house and move quite a distance from where we started off.

But that was over a decade ago and the best decision we ever made although it was stressful as hell at the time. And we had a young child too.

Sometimes you have to move to where the jobs are which would allow a shorter commute and the ability to have a family life.

He needs to join an agency to see what jobs are available for him. This works both ways re notice period. Good luck.

Original poster
user47000000000 · 12/02/2019 11:45

Thanks worldweary he doesn’t actually know who the recruiter is as he was just told by his contact that he’d been asked for details about what this business was like by another person. Also makes it tricky when DH is looking for a role as he’s worried he’ll speak to the person who’s trying to fill his role!

OP posts:
HopeIsNotAStrategy · 12/02/2019 11:46

I know this is easy to say OP, but after a lifetime of my husband working in an industry which sounds very like this, please tell him to try not to take it personally. It’s horrible when your job is insecure or you lose it, but honestly the last time it happened, it barely bothered me at all. Things either fall your way and you hit your targets or they don’t and you don’t, no matter how good you are, and that’s the way it goes. The upside is when times are good, then earnings are very good.

It is a blessing that you know his time there is limited, even if it doesn’t feel like it at the moment. Start economising, sort out what you can, and he needs to prioritise his job hunting above everything else. Don’t place added pressure on him by expecting him to be home by 6.30 every night in any future role. (Said as someone whose other half has worked away for the last several decades!)

Good luck and stay calm, you can sort this. 💐

Original poster
user47000000000 · 12/02/2019 11:46

I think interim might be a good start point for him

OP posts:
Bluntness100 · 12/02/2019 11:48

would have advised the company to put some consultative process in place first

But this would not be relevant if below the two years, because no consultation process is required. In addition the company can argue that feedback on performance areas for improvement were given at the review.

They also might just be looking right now, so if it comes to it they can terminate, whilst seeing how his performance goes.

Alternatively they may feel this is the best way to handle it, because they feel it would be very damaging to have him in position and knowing, or have the position empty.

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