advertising for jobs

Is it illegal to advertise a job that isn’t realistic compared to the future employees actual tasks?

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Is it illegal to advertise a job that isn’t realistic compared to the future employees actual tasks?

for instance, a company advertises for a role, 1 person lands the job. However a year into employment the person who got the job doesn’t actually do any of the tasks advertised.

is there anything here to suggest wrongdoing from the company? 

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By clive boorman
16th Feb 2018 09:15

This is tough to give a definitive answer with so limited information and depends on a number of factors. Not sure it's illegal unless there was intent to dissuade certain people to apply, (I'm not a legal professional btw).
I guess the only way it could be discrimination of this type is if it could be proven that it put off people, with protected characteristics, to apply.
The nature of jobs do change, I guess, but it really depends on how much this disadvantages the individual. You could argue that if the actual work is nothing like the advertised work then it could be serious enough to consider constructive dismissal but the individual would have to resign to bring this claim and this should only be done with absolute certainty that it is the right thing. There are a number of things to consider here and legal advice would be essential.
The other thing to consider is how much the individual has respectfully challenged those duties. If they are coming into work and just doing whatever is asked of them without talking to the right people about why this is, the organisation could rightfully claim they were unaware of any dissatisfaction.
Further, if the differing viewpoint of employee and employer can still be repaired by mediation. it may be worth asking ACAS to get involved but ONLY after the individual has tried discussing this with the relevant people internally to get an amicable resolution.
Hope that helps.

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By usama1993
15th Mar 2018 14:43

Yes, it is totally legal. But you also have to mention that this is a short-term project.

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