A friend was interested in a job (local authority)...after the original post holder left, she was told the vacancy would be advertised in the local press. She's just been told that the post was filled by someone internally - with no experience of this area of work.
Is this legal??
Acas say it is....I keep thinking I've read something somewhere which say's it's not!
2006-11-13 22:04:54 · 10 answers · asked by Dee 3 in Business & Finance ➔ Careers & Employment
This kind of situation is a very tricky one, its one of those grey areas. The answer to your questions is well Yes! & No! & depends?
Some organisations will advertise a vacancy within their own internal newspapers or on their intra-net websites. Why? becuase if they do this it can be both quicker & cheaper than advertisng the job externally. And quicker to get the new post holder up and working, less notice time possibly things of that nature.
Strictly speaking if you talk to a lawyer, especialy one who deals with company law and employment law they will probably say its illegal to NOT advertise the vacancy externally.
The grey area is that how employers/comapnies interpret the law on these things and even worse how do you police such laws to ensure organisations behave as the law says they should, see the problem??
Sadly, internal candidate selection I suspect is VERY common place indeed and in reality its hard to prove the law was broken. Or prove that the selection wasnt fair or fairly advertised to prospective appliacants. Yes! its a real problem and I sympathise with your feelings on this, its a very real problem & one with few answers I suspect too.
2006-11-13 22:24:22 · answer #1 · answered by Anonymous · 1⤊ 1⤋
Most Local Authorities have started to advertise their vacancies externally, leaving internal candidates to apply competitively. However, if the LA is going through a rough patch, jobs which become available, may in the first instance be offered to existing staff, in order to avoid making compulsory redundancies.
I don't know if this is the case in this instance, but I would suggest that it probably is.
There is no employment law which states that jobs should be advertised externally. ACAS are usually right about such things.
However, you could tell your friend it might be worth contacting the Authority and ask for information on their recruitment policies, at least then she/he could see that the correct procedures have been followed.
2006-11-13 22:16:56 · answer #2 · answered by Anonymous · 0⤊ 0⤋
i know that by law employers have to put out the vacancy both internally and externally, they do it where i work. but if i were you, i would apply for it. what have you got to lose? if you don't go for it, you will always wonder. you sound a bit like me, i always think 'oh i couldn't do that' or 'they won't want me.' is there nobody you could ask, if they think you are in with a chance? if not, tell yourself, that you have all the requirements needed on the external one, and just put the internal one to one side, and before the interview think of things you can say about what you think you're lacking in the other one. tell them you are willing to work towards the requirements you don't have, but what you lack in one thing, you excel at another. everyone has to start somewhere, and you can gain the management experience as you go along. if YOU think you are capable of doing the job, then give it a go, otherwise there will always be a 'what if.' good luck.
2016-03-19 07:42:25 · answer #3 · answered by ? 4 · 0⤊ 0⤋
There is no law regarding this each company can choose wether they want to advertise internally and externally or both. Most companies advertise internally first so that if someone is quite suitable for the job then they do not need as much training which saves the company time and money.
2006-11-14 03:09:47 · answer #4 · answered by I~Love~Baileys 3 · 0⤊ 0⤋
I believe Equal Opportunities would require that everyone, within reason, has an equal chance to apply for a vacancy. This would mean advertising in the local press at least. I also believe that some companies are exempt from this requirement because they have a small number of employees. ACAS should be the ones to say. How about going back to ACAS for further clarification?
2006-11-13 22:14:14 · answer #5 · answered by PAUL H 3 · 0⤊ 0⤋
I don't think so. I work for a massive company and they always advertises posts internally first, they only advertise externally if it's not filled that way. I've had this conversation with some friends and most of them said their places did the same.
2006-11-13 22:18:17 · answer #6 · answered by - 5 · 0⤊ 0⤋
Acas Vacancies
2016-10-17 22:36:41 · answer #7 · answered by raymundo 4 · 0⤊ 0⤋
For a private company, no - they can hire who they like.
For a public organisation - I'm not sure. However, if they have the "Investors in People" accreditation (you'll often see this logo on there website or stationery) there are various things they MUST do when hiring, and I believe that advertising it externally is one of them. Check it out here:
http://www.investorsinpeople.co.uk/competitiveadvantage/
2006-11-14 00:57:39 · answer #8 · answered by Chris W 2 · 0⤊ 0⤋
It is against the law for a job not being advertised externally.
2006-11-13 22:18:27 · answer #9 · answered by Drop a heart, break a name 3 · 0⤊ 0⤋
All policies for all companies vary ...In my place of work ...the job has to be offered internally before it can be mentioned on the "street". Normally it is filled from the current range of workers.
2006-11-13 22:17:43 · answer #10 · answered by yidlmama 5 · 0⤊ 0⤋