Was talking to my daughter today when an issue arose about one of her colleagues. She handed in her notice then changed her mind, so the company instead of saying ok, and forgetting all about it, made her reapply for her job via an interview, then didn’t get the job ( being vindictive i think ) so we were wondering what the legalities if any when an employee wants to find other work. So he keeps it a bit quiet while searching, then out of the blue comes an offer of work which really suits, what can a company do when you tell them your off for an interview on whatever day, i think many would make it as difficult as possible, some may sack you on the spot, others may ask you to work your notice immediately, but is there any legalities that would stop the employer being so vindictive towards an employee that wants to better themselves.
A friend of mine handed his notice in because he was moving to New Zealand with his parents (He was 20yrs old still living at home etc) but then he decided he wasn’t joining them. They wouldn’t cancel his resignation as they had already planned other people in the company changing roles and hiring a new person so he finished on the date he originally agreed and then was out of work for 6 months.
A company worth applying to should make suitable arrangements at a mutually agreeable time, so ensuring discretion.
I hear people say they are going on a sickie to go for an interview, certain to impress the new company 
Whatever the ins and outs of legalities of wanting to seek to better yourself, any company employee of supervisory or management levels these days who was vindictive towards a member of staff who sought interview elsewhere would find themselves in serious hot water once the story broke, as it would inevitably, on social media.
This is an awkward situation for lorry and bus drivers in particular, and something the unions should be taking up at govt level, and i intend to draft a letter to my Unite Union on this very subject.
It’s all very well going for an interview but it’s grossly unfair that the applicant has to use their own digi card for the test drive, thereby their present employer knowing full well what’s going on even if they are unsuccessful in the application, this is actually discrimination because it only applies to lorry and bus drivers.
There should be a company training use only (or similar) tacho card for use in these situations, or the company given legal dispensation to record such things as assessment drives (by job applicants) on a log book of some sort to account for missing mileage.
Yes you could argue it would give the present HGV employer a good kick up the arse to find from a digi download their employees are looking elsewhere, but that would not always be the case and it will be those less able to withstand pressures from bully bosses who would suffer most, or maybe feel obliged not to apply for fear of burning the current bridge.
Actions have consequences. Live with it.
But if you’re dumb enough to go interview for another job but blab about it, well, you deserve it if a dim view is taken of it. Take a holiday day. Pull a sickie. Or just plain duck. But keep the chew hole shut.
If one is unpopular like me, then “Temp to perm” via an agency - works.
The last time I got a job after attending a successful interview - was 1988.
That interview consisted of two senior management, of whom the less senior one didn’t want to offer me the job, thinking I was overqualified. Luckily for me, the senior guy asked by “Why I wanted the job then?” to which I replied “It is the closest thing to a job for life”. “Planning on staying here a while then are ya?” - THAT impressed the boss, even as I got the sarcastic comment from his underling…
I had no driving licence at the time, and ended up working on the trains, late shift - which I happened to like very much.
Because I’m a lates/nights person, it is easy to swing time to attend an interview, which are nearly always in the daytime, allowing me to go to an interview and attend a shift the same day.
These days - I’ve now heard of AGENCIES wanting their bods to “give a week’s notice”… Fancy that!
…As long as I’m getting paid, even when performing no shifts - I’ll stick around on a retainer as long as they like.
truckyboy:
Was talking to my daughter today when an issue arose about one of her colleagues. She handed in her notice then changed her mind, so the company instead of saying ok, and forgetting all about it, made her reapply for her job via an interview, then didn’t get the job ( being vindictive i think ) so we were wondering what the legalities if any when an employee wants to find other work. So he keeps it a bit quiet while searching, then out of the blue comes an offer of work which really suits, what can a company do when you tell them your off for an interview on whatever day, i think many would make it as difficult as possible, some may sack you on the spot, others may ask you to work your notice immediately, but is there any legalities that would stop the employer being so vindictive towards an employee that wants to better themselves.
It doesn’t seem to me that the company are being vindictive. She handed her formal notice in, and they’ve accepted it and found her replacement.
Once you’ve made it clear to an employer that you’re no longer settled and are on your way out - and not just at the level of loose chat, but actually giving them their formal notice - you are often of little further value to them against a ready new permanent hire, unless they have a continued need for an experienced temp, have a backlog of work to clear, or they simply cannot find your replacement.
Maybe the company were being vindictive, but then again maybe they had doubts about her performance and went through a selection process and found someone better. Bottom line is she didn’t want to be there, she was looking for another job; employers pov, she’ll be looking and going anyway.
Personally I don’t mind someone telling me they are looking elsewhere, I prefer honesty. Correct thing to do for an interview is book a holiday. You want to lie and pull a sickie, fair enough, but don’t moan if your employer lies to you. Lost the moral high ground.
Your Daughter just might not have been give ALL the true facts as to what has gone on,as often happens the real truth sometimes gets omitted.
What looks to be a silly mistake in talking about an job interview before actually getting a job to move into.
Perfect opportunity for any Employer who wants to get rid of an Employee to get somebody better, without getting bogged down with Employment Legislation
I arranged for a day off when I had my last interview. Booked a days holiday, and said that I was helping a friend move equipment around as they had to move house and didn’t have a suitable driving license for some of the equipment.
Another colleague handed in his notice, to go and work for another company next door, and had already discussed having similar hours to what he was working now.
For various reasons he then cancelled his resignation, two days before he was due to leave and they took him straight back.
Mostly because the employer was desperate for drivers, it was quite a lot of work for quite little pay.
But it was local to him and he didn’t think things would change. He used to do the basic hours on his contract, and have very short days compare to everyone else in the depot. Two other drivers including myself moved on, and now he is having to work maximum hours, as that’s what I was doing. Nearly 70 hours a week.
In the past when I have resigned my post, I have thought long and hard about it and usually quit to go to another confirmed job.
About two years ago I made a mistake and put myself into a position that I couldn’t sustain because it was a lot more physically demanding than I was used to. There were other smaller issues but I felt it would not improve, so I handed in my notice. On a whim I went back to a previous employer of some years back, who took me on immediately on a part-time contract as is the nature with coachwork, but quite a full schedule.
But I wanted to be on trucks, and after a month also found another job. The boss was quite understanding about it.
Life is what you make it, isn’t it.
truckyboy:
Was talking to my daughter today when an issue arose about one of her colleagues. She handed in her notice then changed her mind, so the company instead of saying ok, and forgetting all about it, made her reapply for her job via an interview, then didn’t get the job ( being vindictive i think ) so we were wondering what the legalities if any when an employee wants to find other work.
You have to work around your job. There is no legal right to time off for interviews, employers can dictate when you take leave. When you hand in your notice you have to do it in the knowledge that the company might decide not to let you withdraw it so you’d better be damned sure you want to leave.
once someones got it in their mind to go , going to interviews , the die is cast . they WANT out . Had a lad working for me, he left in a strop one day a few weeks later wanted to come back [via text] . Something similar with another lad he left the area after getting into trouble and gave me little notice . Got back in touch on Facebook on New Years Eve wanting a 2nd go. I ignored the 1st lad and just wished the 2nd one “all the best” ,i dont look back no matter how much i liked them . Legally when it comes to employees i never put anything in writing once theyve gone apart from the P45, letters can be misread/misused
Conor:
truckyboy:
Was talking to my daughter today when an issue arose about one of her colleagues. She handed in her notice then changed her mind, so the company instead of saying ok, and forgetting all about it, made her reapply for her job via an interview, then didn’t get the job ( being vindictive i think ) so we were wondering what the legalities if any when an employee wants to find other work.You have to work around your job. There is no legal right to time off for interviews, employers can dictate when you take leave. When you hand in your notice you have to do it in the knowledge that the company might decide not to let you withdraw it so you’d better be damned sure you want to leave.
Actually there is a specific legal right to time off for interviews in a redundancy situation, and even outside of that, the employer cannot act in a fashion designed to lock you in and which totally prevents you from seeking another offer of work on the open market.
Found this from a solicitors:
The general rule is that once an employee has resigned, it cannot be reversed unless the employer agrees to it. There isn’t a legal obligation to accept a cancellation within a certain time-frame.
The only situation in which an employee may have a case, is if the resignation is done in the heat of the moment. For example, if you were to have a heated altercation with your manager which ended in you exclaiming “I quit!”. In this case, employers are expected to give an employee a time frame to calm down and reconsider their resignation.
( braybray.co.uk/what-happens … on-letter/ )
So basically they are quite within their rights to ignore the cancellation although making someone reapply for the job seems a bit OTT and maybe a waste of time. At a guess they were trying to avoid being taken to court even if they would most likely win, by giving the former employee a “second chance”.
But essentially they either had someone else lined up, or they just didn’t want them back. Would recommend your daughters colleague go looking for another job asap and maybe doesn’t mention cancelling her resignation to any future employer. It won’t look too good.