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Legally entitled to Advertise a job??

Hi, was just wondering if anyone knew if a company has to advertise a job externally or can they just hire from within without advertising at all?
A friend of mine works for a company and told me someone was leaving and i was interested in applying for the job. Unfortunately, i have just found out that the job has been given to another employee and as far as i am aware the job wasn't even advertised internally, just offered to someone. Is that legal??
Sorry if this has been posted elsewhere, i did look but couldn't find anything!!

Comments

  • elsien
    elsien Posts: 35,537 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Not sure about internal procedures, but I'm fairly sure they don't have to advertise externally if they don't want to. My company sometimes just does internal vacancies and they're quite strict about keeping to the legalities.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Yes, it is legal.

    Apart from anything else many companies are not hiring at the moment due to the recession - instead they prefer to reduce staff through 'natural wastage' ie by not replacing a member of staff when they leave, but by absorbing that person's tasks into the roles of existing employees and/or moving around the existing workforce.

    It is a business decision that the company is entitled to make.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Emmzi
    Emmzi Posts: 8,658 Forumite
    1,000 Posts Combo Breaker
    by law a company could employ only mates of the boss. no need to advertise anything ever.
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
  • A small number of jobs have to be advertised by law (for example, a headteacher). The remainder, as others have stated, do not need to be advertised at all. It is legal and can save considerable costs to a firm if there is a suitable person, already working for the company, for the position.
  • Some companies may have a policy about this, others may not. s Some only advertise if no-one internal is interested in a vacancy.

    Most companies will be aware that advertising will bring in a good selection of applicants, some of whom may be better candidates than existing employees.

    However, for some positions, it is easiest and cheapest if the company already has someone they know and trust who could take on the role and do the work well.
    Who having known the diamond will concern himself with glass?

    Rudyard Kipling


  • Pete111
    Pete111 Posts: 5,333 Forumite
    Mortgage-free Glee!
    Seriously?

    Could sort of understand your argument if you were working for a company that didn't internally advertise a role you were interested in but I'm afraid they have absolutely no requirement whatsoever to advertise roles externally.

    In many ways the fact they have given the role to someone already there is admirable as the company is allowing it's staff to grow their careers. Many companies I have worked for used to only advertise externally after an internal search/selection failed.

    P
    Go round the green binbags. Turn right at the mouldy George Elliot, forward, forward, and turn left....at the dead badger
  • Ok. Thanks for all the replies.:T
  • Proc
    Proc Posts: 860 Forumite
    Okay, so let's say that it was illegal to not advertise the job externally, what would you want done about it?
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