Job advertised whilst I’m still working my notice

[Mummytowooter]

Just what it says on the tin!

Can they do that? I’m only one week into my notice and never in my career have I know that to happen (healthcare - private)

TIA

No, not dismissed. Jumped before I was pushed is probably best how it’s described

I feel like I’ve lost all perspective on this and I can’t get my head around it. This was a job I wanted to give years to. It’s been months

What gits :(

I’ve started with my union. Just putting a time line together. I’ve been excluded from emails and meetings. Asked to leave my office and work I’m doing also given to someone else to complete at the same time. I’m so confused. My life was perfect here and it’s all gone to shit!

How long have you worked there OP?

They may have behaved unreasonably or unlawfully somewhere along the line, but advertising your post when you are leaving isn’t wrong at all, and is very sensible.

If you tell us how long you’ve worked for them and the circumstances, we might be able to advise whether they’ve done anything wrong.

I’ve been there 18 months

Constructive dismissal is where you are treated in such a way that you are compelled to resign.

'Constructive Dismissal is where an employer has committed a serious breach of contract, entitling the employee to resign in response to the employer's conduct. The employee is entitled to treat him or herself as having been “dismissed”, and the employer's conduct is often referred to as a “repudiatory breach”.'
You could take them to a tribunal for this, or at least threaten them with it. You may be entitled to a settlement.

Ah, slightly different story to the opening post. Just to clarify, you think this is a set up advertising of the job ie there will only ever be one successful candidate , the friend of the new CEO ? They have made you so uncomfortable that you have resigned ! If it’s a private company, though, are they obliged to openly advertise ?

Ok if you’ve only been there 18 months there’s nothing you can do. They can dismiss you for no reason during that time if they want to, so pushing you to resign isn’t a problem from a legal point of view.

Unless any of the behaviour was discriminatory in any way? Any chance your sex, race, religion or something was relevant?

This is totally normal. Recruitment can take ages so depending on your notice period there could still be a gap.

Sorry the notice thing is normal. They way you've been treated isn't. Hope your union can help.

Maybe look at it in a positive way. Your role is so vital they need to recruit so there isn't a gap. It can take weeks to organise interviews, get references maybe DBS if it is healthcare. They can't manage with your post vacant while that goes on.

Just read your updates, ignore me it doesn't sound positive at all.

Right well THIS the hive mind can help with! It does sound like it's been really badly handled but you are u see the magic two years.

Was there anything discriminatory about it all?

That's perfectly normal! It's strange not to do it that way.

Ok that's putting a different spin on it.

Recruiting for the role is normal, irrelevant of why you resigned. As the relationship is sour they are hardly going to pay you the courtesy of telling uou, it would be like rubbing your face in it.

As for the back story, if you're less than two years and they are saying your performance was not acceptable, and you haven't integrated (the negativity thing) and you have already resigned I doubt there is much you can do. It's your word against theirs that your performance was good. And as you're less than two years the law isn't on your side here, not when it comes down to an employer maintaining poor performance and an employee who resigns.

I think you need to accept that for whatever reason it's over, you're out of there and try to emotionally detach. In time you'll probably see it as a blessing, you don't want to work somewhere you're not wanted and don't feel valued. You'll get another job, don't worry.

Totally different set of events to OP .. so frustrating to waste time of the first set of responses..

you need to raise a grievance with your HR department if you feel you were given no choice but to resign.. collect the evidence and get union or solicitor involved. you have clear examples of a constructive dismissal case..I would be raising a case to withdraw your resignation and state the situation and ask for a review

Your main issue is the 2 year period but look to see what you can gather in terms of facts.. depending on size and status of company - is your replacement different gender etc - you might get them to reconsider if you are prepared to raise a legal case

”you need to raise a grievance with your HR department if you feel you were given no choice but to resign.. collect the evidence and get union or solicitor involved. you have clear examples of a constructive dismissal case”

She has no such thing.

”I would be raising a case to withdraw your resignation and state the situation and ask for a review”

There’s no such thing as a “case” to withdraw resignation.

Usual practice OP, you are leaving by choice I presume? Why would you feel they should have informed you. They will need someone to cover the role.

X post

FYI I’ve withdrawn a resignation and kept my job. I also know other people who have.

It may be it’s company discretion.

There’s no discrimination

Regarding my performance I always had fantastic reviews. The new boss thinks my performance isn’t very good. Nothing has changed. I do my job the same as the day I started and no one has ever raised a concern. I’ve always had very positive reviews

My replacement is also female

I’m so broken from this. I don’t know what to do. I just need to find enough in me to fight