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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50202
Experience:  Qualified Employment Solicitor
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My boss has advertised my job without me handing in my notice

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My boss has advertised my job without me handing in my notice and i haven't been told ive been sacked. Can she do this?
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?

2 years in april

Ben Jones :

Your rights will very much depend on your length of service and you are coming to an important point where you will either have no rights or you will have good protection in law.

You see, 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. This means that your employer can dismiss you 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.).

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

So if you do not yet have the required 2 years’ service then the employer could just sack you and replace you without you being to take this any further. It therefore depends on how long you have left before reaching the 2 year mark. Once you have reached that the employer cannot just sack you ad they must show there was a fair reason for doing so and also follow a fair procedure.

In any event, advertising your job is not in itself wrong – they could advertise it but until you are actually replaced it means nothing. So your rights will boil down to what the employer decides to do, are they going to replace you, and if they do – how much service do you have at that point.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

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