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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48772
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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my boss is on long term sick leave since September I have been

Resolved Question:

my boss is on long term sick leave since September I have been doing his job and I now find his job is being offered to someone else how do I stand
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for? Was it always understood that you are just covering his sick leave?

Customer:

26 years it was just assumed and I was upgraded to acting bar manager. he has cancer and it is unlikely he will reurn. I have always covered his holidays

Ben Jones :

Does your contract say you can be asked to cover him when he is off?

Customer:

I do not have a contract

Ben Jones :

Ok just because you have been covering this person’s sickness absence of the fact they are unlikely to return does not mean you have rights to their job. You have always covered his holidays so it is assumed you can be asked to step in to cover his job as and when needed. This time it has been for a longer period but this is not long enough to allow you to claim you have now been doing it for such a long period that it is assumed you are doing that job permanently. It is apparent that the employer only wanted you to cover this post until the person is off sick and when it has become obvious that they are unlikely to return they have started to make arrangements to get a permanent replacement. Even though you have been covering that job in the past and have done it full time for several months, it does not mean the employer has to offer it to you. Your job is still the one you did before you covered his job and the employer is free to choose whoever they want to appoint in that job on a permanent basis.

In general, employers have the right to choose who they employ and can make such decisions based on a wide range of factors. There could be a number of reasons why one candidate is chosen in preference to others or why someone is not given a job, even if they are generally considered to be the best candidate. It is generally lawful for the employer to use whatever factors they feel are relevant and appropriate in the circumstances to come to that decision.

The only requirement in law is that the employer’s decision is not based on discriminatory grounds. That means that it should not base its decision on factors relating to gender, race, religion, age, disability, sexual orientation, etc. If its decision is based on any of these, there will be a potential case of discrimination and the affected person can potentially take this further. However, in the absence of any discriminatory reasons, the employer will rarely be acting unlawfully and will have the general power to be selective over whom it employs, even if it this generally appears to be unfair.


Customer:

thank you I assumed that would be the answer

Ben Jones :

you have nothing to lose by asking t be considered for the post but as mentioned the employer is not obliged to offer it to you or even consider you unfortunately

Customer:

ok thanks

Ben Jones :

you are welcome

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