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

Lissie2015 · 2015-05-22T10:42:34+00:00

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!

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?

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.

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)

Original poster

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?

OP posts:

AnythingNotEverything · 22/05/2015 16:17

Start by talking to ACAS. They offer free advice.

Original poster

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.

OP posts:

YourDandyPoster · 19/03/2025 04:23

I was told today that my contract has been terminated 8 weeks earlier than verbally agreed with my employer. I was due to leave work in 8 weeks time due to relocating, I haven't given my notice in writing yet but have had a verbal conversation with my employer. I was told today that my last working day is 7 working days from now because they have employed my replacement and can't afford to keep us both and there isn't enough hours for us both.
In the letter they gave I says the reason for my dismissal is because there is a change in the company and my hours or contract can be terminated to maintain success of the business I don't believe this is the reason.
I'm really confused as to what I can do as verbally they are telling me one reason and in writing it's something else.

Blissfulsunnyday · 19/03/2025 06:04

YourDandyPoster · 19/03/2025 04:23

I was told today that my contract has been terminated 8 weeks earlier than verbally agreed with my employer. I was due to leave work in 8 weeks time due to relocating, I haven't given my notice in writing yet but have had a verbal conversation with my employer. I was told today that my last working day is 7 working days from now because they have employed my replacement and can't afford to keep us both and there isn't enough hours for us both.
In the letter they gave I says the reason for my dismissal is because there is a change in the company and my hours or contract can be terminated to maintain success of the business I don't believe this is the reason.
I'm really confused as to what I can do as verbally they are telling me one reason and in writing it's something else.

Why didn’t you create a new thread? You are posting in a very old one and it is confusing.

prh47bridge · 19/03/2025 07:39

YourDandyPoster · 19/03/2025 04:23

I was told today that my contract has been terminated 8 weeks earlier than verbally agreed with my employer. I was due to leave work in 8 weeks time due to relocating, I haven't given my notice in writing yet but have had a verbal conversation with my employer. I was told today that my last working day is 7 working days from now because they have employed my replacement and can't afford to keep us both and there isn't enough hours for us both.
In the letter they gave I says the reason for my dismissal is because there is a change in the company and my hours or contract can be terminated to maintain success of the business I don't believe this is the reason.
I'm really confused as to what I can do as verbally they are telling me one reason and in writing it's something else.

As the previous poster says, you would have been better starting your own thread rather than reviving a 10-year-old one. You may get people responding to the original question, not noticing your situation.

It doesn't matter which is the real reason for your dismissal. If you have worked there for at least 2 years, dismissing you for either reason is likely to be unfair. Consult a solicitor who specialises in employment law. If you have legal cover on your home insurance, they may be able to help.

AnSolas · 19/03/2025 08:41

YourDandyPoster your role not you can be no longer needed by the business and you can be made redundant. The business cant replace you by putting a new employee into your role.
You need legal advice and dont sign or agree to anything until you get some

https://www.gov.uk/dismissal/unfair-and-constructive-dismissal

Dismissal: your rights

Dismissal is when your employer ends your employment - reasons you can be dismissed, unfair and constructive dismissal and what to do if you're dismissed

https://www.gov.uk/dismissal/unfair-and-constructive-dismissal