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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50158
Experience:  Qualified Employment Solicitor
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While I was off sick, my job was advatised saying due to upcoming

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While I was off sick, my job was advatised saying due to upcoming retirement. I have not said that I am planning to retire. Is this legal and is there anything that I can do about it.?

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there?

Customer: 19years
Ben Jones :

Is your job still advertised?

Customer: Not as far as I know
Ben Jones :

So did this appear to be a mistake and the employer corrected it?

Customer: No,
Ben Jones :

ok so why is it no longer advertised?

Customer: I don't think so, she told me it's was the Drs who said someone hardtop be trained for my holidays. I work in a GP surgery doing repeat prescriptions, she said you cannot advertise a job saying you cannot Coe wit quantity of work.
Ben Jones : Ok thanks please leave it with me I have to travel home now but will provide my full response as soon as I get there and you will be notified. Thanks
Ben Jones :

Many thanks for your patience. The employer has not really acted appropriately here by advertising your job without informing you and letting you find out in that way. Even if you were no longer capable of performing your job, the employer should have discussed the situation with you and looked at what the options are with you before opting to replace you.


If what they did was a genuine error and they have admitted to it and corrected it, then this should close the matter. However, if it appears that they were genuinely trying to look for a replacement behind your back, you could seek to take the matter further.


In terms of your options on pursuing this, you have a couple of options:

  • You can raise a formal grievance with the employer which is a formal complaint that gets investigated by them and they make a formal decision, which you can appeal if you are unhappy with

  • If the outcome of the grievance is unsatisfactory and you believe that this incident is so serious that you can no longer continue working there, your only option then is to resign and make a claim for constructive dismissal in the employment tribunal. As you can imagine this is a risky move as you will be giving up your job and pursuing something with no guarantee of success but if you feel that there is nothing else that can be done it could be your only option

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Customer: Thank you, I think that there is a lot of diishonesty at work and the manager will twist what has happened, but I think that I will maybe try talking to her again and if not satisfactory raise a formal grievance .
Ben Jones :

the order is usually informal discussions to try and resolve this directly, then a grievance, which is a formal complaint, and finally the constructive dismissal claim if all else fails and you feel you have no other option but to leave

Customer: Thanks for your help, I feel more confident about how to proceed.
Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:

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