internal promotion given without interview

bishbash55

scooterchick wrote: »

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

Zazen999 wrote: »

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

scooterchick wrote: »

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.