hide interviewing from current employer

whiteshadow

just wondering what an employer would do/say if they knew
that you were looking for another job.

Of course you're within your rights to look for alternative employment
but have my employers the right to take action (and if so, what action) if
they found out that i was doing interviews etc...?

Where does the law stand on this???

seamus

whiteshadow wrote:

just wondering what an employer would do/say if they knew
that you were looking for another job.

Of course you're within your rights to look for alternative employment
but have my employers the right to take action (and if so, what action) if
they found out that i was doing interviews etc...?

Where does the law stand on this???

What kind of action? What you do in your private life is more-or-less none of your employer's business. Except if it affects your work performance or affects the image of the company.

They have no legal ground to stand on if you are interviewing for other positions. They cannot force you to stay in your current position, nor actively prevent you from searching for other employment. That would be illegal.

Similarly, you have no legal ground to stand on if they are interviewing someone else for your position, and then decide to dismiss you.

whiteshadow

ok strange example:

could they threaten to fire you for, say taking a paid holiday and
the reason you gave, is to go to an interview!!!???

PhilH

Certainly an employer could make it tricky for you by not aggreeing to give you a few hours off here and there, which might make arrangeing interviews during the working day difficult.

I think also that if they interviewed for someone to replace you and then laid you off they would be in trouble. If they make 'your role' (i.e. you) redundant, they can't just go and put someone else in it - if they did the role wouldn't be redundant, would it? They would have to actually dismiss you and I think employers are slow to do that because they really need good and demonstrable reasons.

PhilH

You shouldn't need to give any reason to take a day off work, although you do have to get your employer to agree to it.

If he asks you why, just blush, say you'd rather not say, gesture towards your crotch, and mutter "doctor".

case_sensitive

Try oasis.gov.ie, the search engine isn't great, but it has all your employee rights written out in sensible english, got me through many a tough meeting with idiot management..

seamus

An employer can choose not to give you a day off if he wishes, regardless of your reasons. So if you ask for a day off to go for an interview, he can say "no". He can't fire you for that explicitly, but once an employer thinks you're looking for employment elsewhere, there's a good chance you'll lose out on any favours, perks and responsibilities you had before.

If all else fails, you can take a sick day to go to the interview. Unless your contract requires you to have a cert for one day's sickness, there's not a whole lot an employer can do. This is probably the best option if your interview is at short notice - you can ask for a holiday in two day's time, but then you have to come up with a story, because unplanned holiday days are rare.

PatPete

Personal reasons, have to go to a funeral, close relative ill, need a break from the stress, the list is endless. If an employer is that inflexible then you really need to get out!

Taking a day off for illness as far as I know without a Doctors cert. is written into employment law- I could be wrong but check the conditions of work act- it should be enshirned there- this facility was originally recommended under UK procedures when we were part of the UK by a guy called 'Whiltley' and in certain parts of the Civil Service these 'self- certified' sick days up until about 20 years ago were referred to as 'Whitleys'!

Borzoi

seamus wrote:

If all else fails, you can take a sick day to go to the interview. Unless your contract requires you to have a cert for one day's sickness, there's not a whole lot an employer can do. .

I would strongly disagree here - if you get caught abusing the sick day system, it looks very, very bad. Possibly even a sackable offense per some contracts.

If you take a day off or a few hours off for 'personal' reasons that's okay, but don't mention sick or doctor.

The one thing you have going for you is that even if your work find out you are interviewing/applying elsewhere, there is nothing they can do to you, without you being able to claim either wrongful or constructive dismissal.

Hobbes

whiteshadow wrote:

ok strange example:

could they threaten to fire you for, say taking a paid holiday and
the reason you gave, is to go to an interview!!!???

You probably wouldn't get the day off and the boss would cite that you need to give notice (which is fair).

However bare in mind that you may not be liable for the holiday if you leave. For example where I work, if a person leaves they determine exactly how many holidays you too, how many you had worked up and then bill you if you took more then you should.

Our man in Havana

In this place the only way to get a day off for an interview would be to throw a sickie and it takes 2 weeks to get a holiday.

PatPete

I thought slavery ended in the 1800's. Is this what is meant by 'modern' employment practises- the mill owners, mine owners and chimney sweepers of the 1800's have all died but their spirits are still alive. The fact that you can't expect a day off for personal reasons is a throwback to olden days and makes you no better than an bound slave. Again the Unions lack of backbone is at fault.

pickarooney

Dentist's appointment - you don't need a cert, and it's the kind of thing you can reasonably expect to be called back for (i.e. if you get a second interview).