is there a legal requirement to explain in writing why a person did not get a job interview?

Question

A number of people applied in house for a job interview but only external applicants were seen.. I asked if I could have reasons why I did not receive an interview in writing. I have been told that they might explain verbally but I want something written because I and some of my colleauges think a detailed criteria was not followed and the policy of our employer (school) is not to allow internal people to progress.

Answer 1

Firstly you need to make a decision - do you want to know why you weren't selected for personal reasons (e.g. to help you progress and better yourself) or do you think you have been unfairly treated and/or discriminated against by your employer. These are very different and should be handled very differently. You should take advice from your union representative in the first instance as they will be the most knowledgeable about your particular area of work.

Answer 2

No, an employer does not need to justify in writing, or even verbally why applicants were or were not selected. If you feel you have been discriminated, you should take this up with the HR or the senior management.

Employment decisions are hard. Consider this: They may have found a person that they really wanted to join them as they were really impressed with them.

My advice is to try and get verbal reasons, and if you think discrimination is occuring, then bring this to their attention.

Answer 3

Hi ya

I interviewed for the KS3 coordinatior and got the position over the encumbent (but temporary) post holder. (She left as a result)

However, the school provided detailed feedback to her and she understood the selection criteria.

From my previous life before teaching I know that Employment Law is an ***. It it nigh on impossible to prove any form of predetermination over jobs / internal / external candidates.

Speak to your Union / LEA / Governors and demand written feedback.

You need to consider that if the school takes the line that there was nothing to separate the candidates then they can justifyably say that they chose the external candiate to "introduce new ideas / fresh perspective"

Answer 4

I had that same thing happen to me, (the inhouse ap being never interviewed and an outsider getting the job) The reasn I was given was because they didn't feel it was necessary... Although the person they hired was definitely less qualified than myself... But something in writing? I just don't know... I would go to your local labor board and inquire about it, they are usually located in the same building as the employment office. I never did it... I should have.

Answer 5

You may have cause to address this issue legally as all candidates are meant to have equal chance whether internal or external. I have cut & pasted a link to a government website for the UK about employemnt law. Do you ahve an HR departmetn, they should be your first port of call if they exist in you place of employment

Answer 6

If the postion in question was any type of supervisor or other management position employers are often reluctant to promote from within. The feeling is that the person would not be respected as much.

As far as a legal requirement, no there is not.

Answer 7

Unfortunately, no. I am surprised they would even be willing to do so verbally. A verbal explanation will probably follow after they have time to do some research on hiring/.discrimination laws associated with your school. You should be able to have access to the hiring procedures/practices. Make a comparison with or contact your local equal employment opportunity commission.

Answer 8

I'm pretty sure they do not need to explain in writing, however I am sure that a policy of not allowing internal peopl eto be promoted is a form of discrimination.

Speak to a solicitor about the policy of no internal promotions maybe? HOwever they would have to formally have something in writing.

Answer 9

There is no legal requirement that forces an employeer to tell you why you were not given an interview.

Answer 10

Nope- no such law. They don't even have to notify you if they didn't like you. And I don't think that there is a such policy and if even they put it in writing because such thing would be illegal, I think. Do some more research in your company's book of rules and regulations. if there is such a policy it will be listed in there.