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Can I get fired for looking for a new job?

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  • #16
    Re: Can I get fired for looking for a new job?

    Originally posted by Crispybacon View Post
    be very careful if you consider legal action as it is incredibly difficult to prove and of those cases that do go to tribunal only a very small percentage actually succeed.
    Quite often things settle before they get to court.

    Part of my thinking above was that the OP get advice before taking any steps and also, if she does do something about the employer's behaviour, this could help protect her position should they subsequently try a hatchet job on her character before or after she leaves this employment (e.g. through her references etc).

    Comment


    • #17
      Re: Can I get fired for looking for a new job?

      Hi Noushki

      I appreciate you could write a book on what goes on in your work place(!) but I based my comments on the information you had previously provided, which is very different to that on post #13!

      I'm afraid to say that what you describe is all too common now in the work place. Many people make the mistake of thinking that HR departments are there to protect the employees.

      HR is a business department that is there to manage the interests of the business in relation to employment law. I'm afraid to say this means ensuring the business is protected from litigation in exactly the circumstance you find yourself in.

      I know this may not be what you want to hear but your HR department, from what you have said so far, have done nothing beyond what they are entitled to do when an employee takes time off sick.

      Whether they have acted sympathetically to your situation, is, of course, another question, but unfortunately the work place is frequently not like that any more.

      While I understand your anger/upset/disappointment at the way you feel you have been treated unless you can provide a significant evidence of a trend (not singular instances) of bullying, harrassment, or other behaviour aimed at constructive dismisal personally I wouldn't recommend on pursuing such action simply for the following reasons:

      1) Less than 10% of constructive dismissal cases are actually found in the employees favour simply due to lack of evidence and evidence of intent

      2) The stress and impact it would have on your health simply wouldn't be worth it

      I still stand by my comment that you have burned your bridges (I don't mean burning bridges with people I mean cards you have left to play), because, simply what options have you left yourself?

      If you stay whats going to happen? If you are taking time off, and if the thought of going into work makes you feel ill (destructive cycle) and they are recording this, then ultimately it will make your work attendance record worse, making any potential reference worse should you look for a new job.

      It sounds like your best option would be to ask a couple of your colleagues that you get on well with to write letters or recommendation that you can take to interviews with you and who would be prepared to write a reference for you which will give you the support you need to find a new job.

      This way you completely bypass the Office Manager. Even if she did ultimately provide a reference, if it was found to be inaccurate, and you lost a position as a result of it, you could then look at legal action.

      Ultimately only you are in full possession of all the facts and only you can make that decision on what to do, but to answer the simple question of can your employer sack you for stating you are looking for alternative employment?

      No, they can't.

      What they can do though (depending on your contract) is place you on gardening leave.

      As it happens this isn't a bad thing anyway!

      Whichever route you decide to take very best of luck

      Crispy

      Comment


      • #18
        Re: Can I get fired for looking for a new job?

        Hi Crispy

        I appreciate it was hard giving me advice not knowing all the facts and I did not make myself clear previously. It is so hard to describe everything over few sentences.

        You're completely right! No point in making matter worse, better smile and play the game before leaving, so I can leave on good terms.

        It is another lesson for me- do not let your emotion get in a way, work is work, there are rules and sometimes it is better to bite your tongue and obey the rules! I have been doing this work for 13 years now, but seems I am still learning

        Thank you so much for your help!

        Comment


        • #19
          Re: Can I get fired for looking for a new job?

          Originally posted by Crispybacon View Post
          Many people make the mistake of thinking that HR departments are there to protect the employees.

          HR is a business department that is there to manage the interests of the business in relation to employment law.
          True, so very true.

          Comment


          • #20
            Re: Can I get fired for looking for a new job?

            Possibly slightly clearer now than when it was Personnel, but really should be called, "Making sure we stay legal by the skin of our teeth while doing what we want regarding you." Guess that's not such a catchy title and no acronym.

            Given that most use HR when they have a problem, perhaps it should be renamed
            Support Hopeless In This (abbreviated to ****)

            Comment


            • #21
              Re: Can I get fired for looking for a new job?

              So true! he he he

              Comment


              • #22
                Re: Can I get fired for looking for a new job?

                Originally posted by The Debt Star View Post
                True, so very true.
                Unfortunately so.

                In fact the HR department, in many cases because of this fact, should be the LAST place to go to for advice especially if the issue presents a conflict between business interests and your own.

                Ultimately there are not many jobs that are worth your health and happiness so I would rather live and learn and move on.

                I've added an attachment thats an interesting read. Its plugging an american book, so ignore that, but the concepts in the summary are very relevant.

                Best

                Crispy

                Comment


                • #23
                  Re: Can I get fired for looking for a new job?

                  Like the link, Crispé. Been there a few times myself down the years.

                  Comment


                  • #24
                    Re: Can I get fired for looking for a new job?

                    This is really helpful. Thank you!

                    Comment


                    • #25
                      Re: Can I get fired for looking for a new job?

                      Originally posted by Crispybacon View Post
                      I've added an attachment that's an interesting read. It's plugging an American book, so ignore that, but the concepts in the summary are very relevant.
                      There is another reason why employees quit - the stress of being one of the few honest employees in a workforce which is systemically corrupt or where everyone else seems to fiddle their expenses, perhaps even claiming salaries for their household pets!

                      Comment


                      • #26
                        Re: Can I get fired for looking for a new job?

                        There must be a high turnover with the banks on that basis!

                        How busy must their in-Human Resources Depts be?!

                        Comment


                        • #27
                          Re: Can I get fired for looking for a new job?

                          Originally posted by Caspar View Post
                          Possibly slightly clearer now than when it was Personnel, but really should be called, "Making sure we stay legal by the skin of our teeth while doing what we want regarding you." Guess that's not such a catchy title and no acronym.

                          Given that most use HR
                          Humongous Rodents?

                          when they have a problem, perhaps it should be renamed
                          Support Hopeless In This (abbreviated to ****)
                          Why not Corporate Response Against People?

                          Comment


                          • #28
                            Re: Can I get fired for looking for a new job?

                            Originally posted by The Debt Star View Post
                            There must be a high turnover with the banks on that basis!

                            How busy must their in-Human Resources Depts be?!
                            When I referred to senior management allegedly drawing salaries for family members and/or pets who had not done any work for the company, I had a certain C of E charity in mind which had become involved in ever more useless projects as part of the government Job Creation Scheme(s) of the mid to late 1980s.

                            Comment


                            • #29
                              Re: Can I get fired for looking for a new job?

                              But just in case:-

                              http://www.equalityhumanrights.com/a...mination-case/
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment


                              • #30
                                Re: Can I get fired for looking for a new job?

                                Your employer must have a good reason to fire you, and announcing your intention to try to find another job is not good reason. If your job performance levels dropped and you stopped giving your best then that could be grounds.

                                If you used company computers in your job search, and wrote letters when you should be working then that starts to give your employer grounds.

                                In every case any dismissal must be procedurally correct and follow ACAS guidelines.

                                Be careful that you don't give grounds to get rid of you before you are ready to leave.

                                Comment

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