Giving away your job when you've not left

[*Princess*]

My Dad had a weeks holiday this week, and during this week off, he found his job advertised in the paper. He was concerned but he thought it may be a mistake as he didn't think this was legal. However when he returned to work, his job HAD been given to someone else, and he is left doing the odd jobs that nobody else does. When he confronted his boss, the boss merely stated that he hoped my Dad hadn't noticed the advertisement.

Basically, this has annoyed my Dad, and quite rightly so, and I was wondering if anyone knew any legal or other type of guideline that has been broken? My Dad feels that he has to leave work because of this, as he has lost all faith in his boss.

Can anyone offer any advice?

[Loosehead]

The way they've gone about it is a bit out of order but they are within their rights to change his duties.

[Lindylou]

Has he considered going to the Union? Always assuming he belongs to one! If not, he could get advice from the CAB. Constructive dismissal comes to mind.

[WoWo]

As Loosehead has said while employed they can pretty much ask you to do anything they fancy, so long as they pay you the same amount of money and don't change your hours (if you have fixed hours).

He might have grounds for constructive dismissal, but thats not always easy to prove.

[Demeter]

As previously said, it depends what is on his contract. Most contracts have something along the lines of 'an employee may be asked to perform other reasonable duties'. Could what he's being asked to do now be construed as 'reasonable'? Perhaps the company want him to leave and that's why they've effectively demoted him? He should seek professional advice before leaving!

[allen63b]

Your Dad may have a constructive dismissal claim.

Bearing in mind that he has had no reason to be demoted, he should seek advice from an employment law advicer.

If for any reason he has been diciplined recently because of his work then he should forget it, he may not have a leg to stand on.

[buildersmate]

None of the above point out that to claim constructive dismissal, you have to resign FIRST and THEN claim constructive dismissal. It depends what you want out of it. If you are minded to leave anyway, it looks worth a punt because on the basis of the situation explained, Princees's Dad appears to have a good case. But what you would get is compensation - not the old job back.

[allen63b]

Good point buildersmate and I also think you have to have been in the job for a minimum of 2 years although I wouldn't swear to that one!