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[bishbash55]

Hi, im looking for some advice on the following. I work for a global company, last week a regional manager left the organisation. His position was handed to a colleague without the job ever being advertised. Infact the person who gained the promotion was the one that told everyone the previous manager had resigned and he had taken his place.

my question is, no one was given the oportunity to apply for the position let alone interview for it. I understand this is not particularly ethical however is it in breach of actual employment law? im beggining to wander if im working for a tin pot company...

Any information would be appreciated.

[Wine of the World]

Is your organisation an Investor in People because I seem to remember they have to advertise positions in order to comply with these standards. But I could be wrong.

But unless they have a code stating otherwise I think they can appoint whoever they want - however unfair it is.

[borders_dude]

Are you sure he isnt just covering the position in an 'acting up' capacity until a replacment is found?

I work for a council and that often happens here when Seniors leave a post. Someone will be chosen by manangment based on their performance etc to cover until the vacancy is advertised, interviewed for, cadidate selected and post filled.

[Zazen999]

Originally Posted by bishbash55

Hi, im looking for some advice on the following. I work for a global company, last week a regional manager left the organisation. His position was handed to a colleague without the job ever being advertised. Infact the person who gained the promotion was the one that told everyone the previous manager had resigned and he had taken his place.

my question is, no one was given the oportunity to apply for the position let alone interview for it. I understand this is not particularly ethical however is it in breach of actual employment law? im beggining to wander if im working for a tin pot company...

Any information would be appreciated.

If the person who has the new job is right for that job; then they have saved thousands of £ in fake advertising and interviewing just to pretend that they are partaking in 'fair and effective recruitment'.

If he isn't right for the job, then more fool them.

Unfortunately it happens; sometimes they promote the person to the job knowing it is going to fail, just so that they can get rid of that person when it does [they are called 'The Fall Guy'].....sometimes that person really will be fab and turn it around [they are called 'The Unwitting Hero'].

At times like this, when jobs ARE so hard to come by; be careful what you wish for.

This is from a management perspective; I don't believe that they are in breach of employment law in their recruitment practices; it is just 'good practice' to recruit from as wide a pool as possible as you can then choose the best candidate; but in reality in a recession this often doesn't happen.

[borders_dude]

I presume the OP fancied the job for himself and is jelous that someone else got it rather than him?

[bishbash55]

Originally Posted by borders_dude

I presume the OP fancied the job for himself and is jelous that someone else got it rather than him?

Not really, however it raises the question that if a position became available for something i did want would i have any opportunity whatsoever of getting it.

[Viper_7]

Out company has done similiar - and they are an Investor in People.

One sees roles suddenly get created and then automatically filled or as you have seen,
someone moves on and someone is promoted immediately.
Company does state that positions will be advertised internally first before going externally, but nothing about cherry picking.

It is an unfair practice, not much can be done, but you could raise a grievance, just stating it's bad for Moral etc - it's something you would liked to have been considered for, even if just for the interview experience etc.

[Zazen999]

Originally Posted by bishbash55

Not really, however it raises the question that if a position became available for something i did want would i have any opportunity whatsoever of getting it.

Did you read my response at all?

[bishbash55]

Originally Posted by Zazen999

Did you read my response at all?

Originally Posted by Zazen999

If the person who has the new job is right for that job; then they have saved thousands of £ in fake advertising and interviewing just to pretend that they are partaking in 'fair and effective recruitment'.

yes i understand why they have done it however im asking if its legal


If he isn't right for the job, then more fool them.

i agree

Unfortunately it happens; sometimes they promote the person to the job knowing it is going to fail, just so that they can get rid of that person when it does [they are called 'The Fall Guy'].....sometimes that person really will be fab and turn it around [they are called 'The Unwitting Hero'].

i have a good understanding of my companies internal politics

At times like this, when jobs ARE so hard to come by; be careful what you wish for.

i dont see this as a problem

This is from a management perspective; I don't believe that they are in breach of employment law in their recruitment practices; it is just 'good practice' to recruit from as wide a pool as possible as you can then choose the best candidate; but in reality in a recession this often doesn't happen.

i dont believe they are in breach of employment law as i suggested in my original post however im asking if anyone within this field can comfirm it.

[Zazen999]

Thanks - I know what I wrote no need to quote it back at me.

If employment law stated that all jobs had to be advertised, then all jobs would be advertised. I cannot find any reference to them HAVING to be advertised; just that when they do, they need to be careful about what they are asking for. This is why alot of jobs aren't advertised, they are word of mouth [most jobs actually aren't advertised].

If you are indeed looking to move up the ladder, you need to expressly tell them that, and sit down and work through what you would have to do in order to get a promotion - and work on the areas that they feel you are missing out on in order to get a promotion. Honestly, trying to get them on employment law is the wrong approach and will only tarnish you as a trouble maker.

It's called 'playing the game' and if you can't see that, then this is why you aren't being promoted.

[scooterchick]

The only jobs that must be advertised according to law are brand new positions, newly created jobs that no-one has ever done before. Eg. Your company introduces a new productivity initiative, the need someone to champion it, as the job has never been done in the company before it must be advertised.

In OP's case, although it's unfair and not best practise, it's not illegal.

[bishbash55]

Originally Posted by scooterchick

The only jobs that must be advertised according to law are brand new positions, newly created jobs that no-one has ever done before. Eg. Your company introduces a new productivity initiative, the need someone to champion it, as the job has never been done in the company before it must be advertised.

In OP's case, although it's unfair and not best practise, it's not illegal.

well the vacated job was regional manager, the title of the new manager is assistant regional manager so the job is not the same.

[Emmzi]

no, they do not have to advertise by law. they can give it to anyone they want.

(HR bod here)

[bishbash55]

Originally Posted by Zazen999

Thanks - I know what I wrote no need to quote it back at me.

If employment law stated that all jobs had to be advertised, then all jobs would be advertised. I cannot find any reference to them HAVING to be advertised; just that when they do, they need to be careful about what they are asking for. This is why alot of jobs aren't advertised, they are word of mouth [most jobs actually aren't advertised].

If you are indeed looking to move up the ladder, you need to expressly tell them that, and sit down and work through what you would have to do in order to get a promotion - and work on the areas that they feel you are missing out on in order to get a promotion. Honestly, trying to get them on employment law is the wrong approach and will only tarnish you as a trouble maker.

It's called 'playing the game' and if you can't see that, then this is why you aren't being promoted.

im not asking for advice on gaining promotion im purely interested in my rights as an employee.
i dont need to justify why i want this information however i will say in response to your last point i have been promoted after every interview i have had with my company. i understand how to "play the game" thats why im not involving my HR department but seeking advice on a forum.

thanks for everyone input into my queries.

[Zazen999]

Ok - usually if you include background info then people will respond to the info given.

Q - Does employment law state that companies have to advertise all vacant jobs
A - No

[LittleVoice]

Originally Posted by scooterchick

The only jobs that must be advertised according to law are brand new positions, newly created jobs that no-one has ever done before. Eg. Your company introduces a new productivity initiative, the need someone to champion it, as the job has never been done in the company before it must be advertised.

If you are writing about UK law, please tell us where this is to be found in statute. (As you will have seen, others of us here do not accept that this is a requirement.)

If you are thinking of some other jurisdiction, it would be interesting to know which countries have such laws.

[Fluffi]

Promoting people without interview or inviting other internal/external applicants isn't illegal. Generally management have a good idea of who they would like to fill a role when it becomes available or vacant and this would be the person would get the job no matter how many other applicants there were or interviews were held. Forcing businesses to advertise and interview wouldn't change this at all - it would just be a waste of time for everyone involved and give other applicants false hope - which is why there is no law around this practice.

If you are good at your job, work hard, show initiative and talk to your manager(s) and about your long term goals and make people aware that you want more challenges then when the time comes you'll be on the "shortlist" that is held inside managements heads.

[terra_ferma]

not advertising a position and appointing someone without interviews may leave the company open to an E.T. claim of discrimination, and how would they prove they have treated you fairly?

However in practice even with interviews they would still give the job to the same person....

[bristol_pilot]

They can offer any job to anyone they please. It is the normal thing for senior positions.