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Do job vacancies have to be advertised externally?

with 9 comments

A friend was interested in a job (local authority)…after the original post holder left, she was told the vacancy would be advertised in the local press. She’s just been told that the post was filled by someone internally – with no experience of this area of work.
Is this legal??
Acas say it is….I keep thinking I’ve read something somewhere which say’s it’s not!

This kind of situation is a very tricky one, its one of those grey areas. The answer to your questions is well Yes! & No! & depends?

Some organisations will advertise a vacancy within their own internal newspapers or on their intra-net websites. Why? becuase if they do this it can be both quicker & cheaper than advertisng the job externally. And quicker to get the new post holder up and working, less notice time possibly things of that nature.

Strictly speaking if you talk to a lawyer, especialy one who deals with company law and employment law they will probably say its illegal to NOT advertise the vacancy externally.

The grey area is that how employers/comapnies interpret the law on these things and even worse how do you police such laws to ensure organisations behave as the law says they should, see the problem??

Sadly, internal candidate selection I suspect is VERY common place indeed and in reality its hard to prove the law was broken. Or prove that the selection wasnt fair or fairly advertised to prospective appliacants. Yes! its a real problem and I sympathise with your feelings on this, its a very real problem & one with few answers I suspect too.

Written by admin

August 29th, 2009 at 10:20 pm

Posted in job vacancies