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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49851
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My Job was mistakenly(?) advertised by my employers

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Hello, My Job was mistakenly(?) advertised by my employers employment agency, I had left my employer last year, and returned to them in a promoted position, seeing my job advertised I was mortified, but knowing I had under a years service I was in a vulnerable position and could not approach my employer, due to facing a possible Immediate Termination where I may of caught them out; I needed to seek alternative employment to protect my family, fortunately at this time I was on leave for a family holiday, but the whole week spent seeking new employment.
With new position secured I tendered my resignation, then finding that the said Employment Agency advertised my job in error (it was active for a period of 8 days when I saw the ad, in total live for 14 days), my employer stated the did not know this was on-line, and tried there best to convince me to stay. My employer has quite a reputation with Employment Tribunals, and strange shock announcements of persons leaving with immediate effect, so I was unable to trust them. They have also said I did not break my contact when I left and returned, (I did not know this, and would have put me in a better position to approach about the ad without fear). On my previous leaving last year the company stated "they would legally class you as breaking your contract should you start working for somebody else". All very confusing. I am starting with a new employer at a lower wage, out of security and desperation, but am still in a similar role pre my promoted role.
Is it possible for me to take action legal action against the Employment Agency? Who have admitted 100% liability, for the error, out of coincidence somebody out there was in my predicament for these events to happen.
Best regards
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

Hi Ben

I worked for them since March 2010 till Oct 2014, left for 3 weeks and returned and promoted.

You won’t really be able to take legal action against the agency I’m afraid. Their actions may have been negligent but they did not really owe you a duty of care under law which you can argue they have breached. If you found your job advertised by them in error then a reasonable response would have been to challenge them or the employer and to see whether this was intentional or not and if confirmed to be an error, to leave things as they are. The fact that you felt it necessary to leave your employment because of that would not just allow you to claim against them for losses. I think the most difficult part would be being able to show that they owed you a duty of care – you had no formal relationship with them and if anything it would be the employer who would be able to sue them for losing an employee as a result of their actions – they would have a better chance as a duty of care would exist between them as they are working together in partnership. Of course you have nothing to lose by approaching your insurance to see if they can help you but be prepare for a negative answer as the chances here are rather slim unfortunately. 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
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