Question about the obligation of a company to advertise internal vacancies for a new position?

Question

I'm a full-time employee for a regular company. I have just found out that a new position has been anounced an an existing employee has been promoted into that position. The job was not advertised (either informally or formally through the internal vacancy list). I wanted to apply for the position but couldn't as the position wasn't advertised. Is this legal in English Law?

Answer 1

The Equal Opportunities act has more or less annihilated the "promote on merit" policy - it's very unusual for a company to do that because they can be taken to an industrial tribunal. If you're a member of a union, ask for advice

Answer 2

This is usually company policy and is practised a lot by local authorities and civil service.Its a waste of time and money advertising anyway as the bosses have already decided who gets the job well in advance.

Answer 3

It's a complex area and well worth speaking to a solicitor. Check Yellow Pages, many solicitors offer a free 30 minute consultation and you'll get more of an idea about the areas of law which potentially apply and the likelihood of a successful claim.

You'll probably get referred back to your firm's internal policies i.e. the Equal Opportunities policy, and told to pursue it to the extent of the Grievance Procedure before considering legal action.

Answer 4

Advertising for hire is not usually covered in law, but by company policy.

If the company violated their own policy to advertise internally...follow your company's grievance procedures.

Unless they illegally discriminated, there isn't usually a legal recourse in hiring.

Answer 5

your lost mate if they are legally obliged to advertise the position or even if its company ploicy and you kick up a fuss they will just readvertise ithe job under a different title.