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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47362
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have just found out that my employer has begun to interview

Customer Question

I have just found out that my employer has begun to interview for my job secretly behind my back, however I am still employed by them. Is this legal? I have worked with the company for 8 months.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello how did you find out about what the employer has done this?
Customer: replied 1 year ago.
I was at a hotel industry event tonight and bumped into an old colleague. He pulled me to one side to let me know a good friend of his had been to meet with my boss for an interview for my role. He was very clear about it. Phil.
Expert:  Ben Jones replied 1 year ago.
Whilst this is morally wrong, in the circumstances it is unlikely to be unlawful. This is because if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal or constructive. This means that your employer can dismiss you or force you to resign for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).
So they could interview behind your back for your job and once they find the right person, they could just go ahead and dismiss. As you do not meet the minimum criteria required to submit a claim you would not be able to challenge that decision. Therefore, as mentioned this is only a moral argument, not a legal one.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thought that might be the case. I appreciate your help. Phil.
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best

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