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Legal matters

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Original poster

Employment law

13 replies

maypole1 · 16/03/2011 23:14

My oh has just found his job advertised on the internet

Heis past his probation stage

What the hell do we do now.

Hes going in tomrrow to speak to his boss and has printed off the adds and is going to ring the ahncey tomrrow to make sure its not for a siliar company

OP posts:

Original poster

maypole1 · 17/03/2011 01:13

Please if anyone can give some advice

OP posts:

KatieMiddleton · 17/03/2011 01:17

Calm down first of all. It looks like you don't even know if it's for the same company nevermind if they're planning to replace your dh. Even if it was same company they could be expanding and need someone else to do what your dh does and they don't need his permission to do that.

Do you have any reason to believe they want your dh out?

Original poster

maypole1 · 17/03/2011 01:47

Hes been at logger heads with his boss for a while also their is only one company in the area that dose what he dose .

Really very worried i did say to him maybe they need two people to make it a full time post but why not offer him first bite of the cherry or why not just say no skin of his nose

It just seems a bit fishy advertsing the job which is very specialized in the same area with the same hours.

Well like i said he sent the agncey a email asking of the location of the job and if it as hes fears then he will s
Speak to his line manger

If this is correct is this legal

OP posts:

Resolution · 17/03/2011 06:40

How long has he been there?

KatieMiddleton · 17/03/2011 09:37

If there is no change to his job then yes, it's perfectly legal. And if it is the same job but more hours and he wants them he can apply for them. That said they may still want second person so there's always someone with those skills available eg when your dh is on holiday.

It is unusual not to advertise internally but as long as the employer can say that everyone has an equal chance to apply then no law is being broken.

At the moment there is no suggestion your dh is being replaced and I would caution against speaking to the employer with print outs of jobs because how will your dh deal with questions like "Why are you looking at other job vacancies?" and give his employer reason to think he's looking to move on. A more sensible approach IMO is to sort out the issues with his line manager. That is not a professional or sensible working relationship being "at loggerheads" and ask if there are any more hours going if he wants them.

However if your dh is not doing well and getting on with management and has less than a year's service they can replace him with no redundancy pay and just his contractual notice and as long as there's no discrimination that's perfectly legal.

I don't think the issue is the job advert. It's the working relationship between your dh and his employer.

flowery · 17/03/2011 09:42

Exactly what Katie said. I think he should focus on trying to resolve issues rather than making a fuss about job ads the company are perfectly entitled to place.

The fact that he is past his probation is completely meaningless legally I'm afraid - if he's been there less than a year as I assume he has, he has very little in terms of employment rights really.

JBellingham · 17/03/2011 10:08

If he has not been at the job long and is at loggerheads with his boss maybe he should apply for this job? It might be another opportunity in another company that he seems qualified to do.

Original poster

maypole1 · 17/03/2011 12:28

Well ladies he rang the angcey they siad its with the same company but the job is no long avaible.

And the post has already beenfilled

One of the issues is he works flexi time but needs to leave ontime as he has family commitments but did make his postion clear when he started and as their all older they dont have a young familys to worry about and also they ring and ask him to come in somtimes with a hours notice that is not flexi time in my book.

OP posts:

KatieMiddleton · 17/03/2011 13:40

Doesn't make any difference. Previous advice still stands.

prh47bridge · 17/03/2011 14:11

Agree with Katie.

I would also add that an agency that is short of work will sometimes advertise vacancies that have been filled some time ago just to get more candidates in the hope that they will then be able to sell the candidates to prospective employers. They aren't supposed to do that but it happens. So it is not impossible that the agency has simply dug out an advert from before your husband joined the company and that he is the person who has filled the post.

emsyj · 17/03/2011 14:14

Job agencies advertise filled vacancies all the time. It's just a way of reeling in other candidates and getting them on the books. Your husband's employer probably has no idea that the agency are still advertising his job. Of course the vacancy has been filled - by him!!!

If he has issues at work though he should deal with them if possible. I just don't think this job ad issue is an issue at all.

(A totally non-legal response from a lawyer for you! )

emsyj · 17/03/2011 14:14

Oooh x-posts!

cuckooclock · 17/03/2011 16:44

Agencies have a bad habit of advertising jobs that do not exist just to get people on their books. A while ago we saw an advert in a paper for a job that sounded perfect for hubby. He phoned up to get more info (he was already registered with this agency). He was told that the job was with a certain company that my sister worked for (and was quite high up). We spoke to my sister about it and she said that not only did they NOT have any job vacant, but that they did their own recruitment and had their own HR department.

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