Is it legal ?

Question

I've been working as a temp for 11 months as a concierge/receptionist on a full time basis, mainly night shifts, but have also done a fair bit of day shifts. There has been a permanent position available for a few weeks now and I want to get it. Someone told me that they have to offer it to me first before they can advertise or give it to someone else. I want to get it. But want to know what my rights are and where I can seek legal help in order to get the position in case they decide not to give it to me.

This is in the UK by the way.

I know it's not the best of jobs, but it suits me fine for the moment for my studying, can do what I want and really wanted to see if even something small is worth fighting for. FIGHT FOR YOUR RIGHTS !!!!!

Answer 1

Good luck on that one....

Answer 2

I'm not in the UK, but I highly doubt they have any obligation to offer it to you first, unless something to that effect was detailed in your employment contract (if there was one). They can hire someone else and fire you.

I suggest you simply let the management know you would like the job. They will like not having to spend money on advertising, interviewing, and training for the position. They can probably legally promote or transfer an employee into the position without doing a candidate search.

Answer 3

Is not illegal but it sounds like you work for the council or something like that. The reason why they can't just offer you the job is because of equal opportunities they need to advertise the job so everyone gets a chance.

You obviously have a head start above all the other applicants because you have be doing the job. So what i would advise is to just do your very best and shine, apply for the job don't say anything to them about it. because if you they will just think that your only doing your job well because your know there is a vacancy

Answer 4

By law they will have to advertise the position internaly as well as externaly. That doesn't mean they will offer the job to anyone that is already in the company, you have as much chanse of getting it as someone from outside. Just apply for it and if you get an interview do your best.

Answer 5

I don't know about the UK but in the US your employer has no legal responsibility to offer you that position. They cannot hold you back from applying for it or persuing an avenue to be promoted into it. But they have no responsibility legally to offer you the job first. But then again the US is slightly more conservative on hiring practices.

Answer 6

when i worked for the temp agency in kansas. a permanent position became open at the place i was hired to work at. i applied and got it. i didn't;t have to jump through hoops or anything. just talk to your current supervisor and see what he or she has to say. if they tell you other wise than it is BS. the job is open to all that is interested. and if they decide not to give you the job just because you were hired as a temp, then i would make sure to file a EO complaint with the company and have your temp agancy move you, because do you really want to work for a compnay who sees you for nothing more than a temp?

Answer 7

Hi Jazz, glad you added you're in the UK.

Find the 'phone number for your local ACAS office (the Advisory, Conciliation and Arbitration Service), and ask to speak with the duty officer.

Explain clearly and succinctly your position and listen carefully to what they say, taking notes as you go. Their advice is impartial, free and usually very accurate and helpful.

Best of luck.

Answer 8

Why don't you just wait and get your promotion instead of having lawers jump on your employer, do you think if you got your promotion by ways of litigation it is going to be a fun place to work ??

Answer 9

You have no legal rights..
Your employer does not have to offer you a new job .

Answer 10

It is common practice to offer u first but it is not mandatory.

Answer 11

Good Luck!!!!