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Legal matters

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Can my (ex) employer do this?

17 replies

Sissyinthesummertime · 27/08/2015 17:41

I've somewhere part-time for over 6 years. I've very much made the job my own and developed it into a very different role from the job I was employed to do. I have enjoyed this and gained a lot of experience.

As my circumstances have changed recently, I have let me employers know that I would love to work some extra hours. I presented a good case for this as I also believe the job warrants this. I was told there wasn't enough funding and the hours could not be increased.

Fair enough. However, I've now got a full time job and handed in my notice. I've done this with good grace, offered to help recruit a replacement, and help with any jobs that need doing after I've gone.

They've now readvertised my job to include all the new tasks I took and have increased the hours. I am really upset about this, as if the hours had been increased, I wouldn't have left.

Can they do this legally? I'm just not sure where I stand.

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Sissyinthesummertime · 27/08/2015 17:42

Sorry, should say 'worked' somewhere for 6 years. Should proof read!

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BetaTest · 27/08/2015 17:54

Your old job is being advertised with more hours but it might well be at a lower hourly rate so the total annual pay stays the same?

Sissyinthesummertime · 27/08/2015 17:56

Nope it's the same job, pay and conditions!

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DoreenLethal · 27/08/2015 17:57

Same hourly rate or same salary?

DoreenLethal · 27/08/2015 17:57

Not that it matters - they can legally do what they want.

DownWithThisTypeOfThing · 27/08/2015 17:58

Yes they can do it. Sorry.

SonceyD0g · 27/08/2015 18:00

Nothing to stop you applying for it though?

Sissyinthesummertime · 27/08/2015 18:05

It's a salary so the overall salary is the same i.e. the salary for 35 hours is the same but obviously it's increased as there are more hours!

Seems it doesn't matter, but it seems very unfair and quite an underhand way for them to behave.

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HermioneWeasley · 27/08/2015 18:08

I'm afraid they can do this. You resigned, they can fill your post any way they want.

lunar1 · 27/08/2015 18:11

They probably can do this but it's really bloody hurtful!

Sissyinthesummertime · 27/08/2015 18:17

I understand I resigned. I wouldn't have done though if they'd have looked at the job before I handed in my notice, and realised that more hours were needed. I wanted to work more hours and the job needed more hours. It was extremely stressful trying to do everything in the time available.

Instead they ignored what I was saying, and only addressed the issue once they realised they would have to.

lunar1 Yes, it is hurtful!

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HermioneWeasley · 27/08/2015 18:18

Sissy, I understand it is hurtful, but they obviously didn't want to keep you so you are better off in your new job. I hope it goes well

lunar1 · 27/08/2015 18:20

I doubt it's that they didn't want to keep you. I bet they have waited till the last minute to advertise and realised they couldn't justify advertising what your job became on the original hours.

FiftyShadesOfSporn · 27/08/2015 18:22

You called their bluff. They didn't think you'd leave, and now they have to pay someone for more hours because that person simply won't be as efficient as you. They're probably kicking themselves.

Look at it that way, and feel smug.

Sissyinthesummertime · 27/08/2015 18:25

I can't understand how they wouldn't want to keep me. I was good at the job, had great appraisals and done a lot for the organisation - over and above what was required. They have said I am a great loss to them. I was never sick, or late, and got on well with all employees (some of whom will be friends for life).

I think it's more not realising like lunar1 says. They never though I would leave, and then when I did, they realised that they couldn't advertise the job with all the new tasks etc, in the same hours.

I wouldn't do anything anyway, I just wanted to know if it was legal, and it appears it is.

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HermioneWeasley · 27/08/2015 18:27

Well, if you think they'd like to keep you and you would like to stay is it worth a conversation? Bit worrying if they're too thick to have worked it out, but I guess you've got nothing to lose?

Sissyinthesummertime · 27/08/2015 18:41

Well I suppose so, but I think in my head I've already moved on as I was getting fed up of the management of the organisation. Let's just say it's not surprising that this has happened!

I think I will be better of in my new job. It is a good move for me, but I'm just a bit perplexed that they are able to do this.

Thanks everyone.

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