does a firm need to advertise a vacancy

[gregers]

hope this is in the right section,basically i would like to know if a firm has a position come up within a company does it have to advertise said vacancy?do they have to by law allow the current workers a chance of applying?or do they not have to do either?

many thanx in advance.

 

[breezer]

deosn't really matter. too many ways round it. which you cant prove

1) What? you didn't see the job your mate just got? it was advertised on the notice board. (The fact you are not office based is irelevant)

2) Oh, sorry you didn't get that nice job (your mate has already been told he has the job, but we will still offer it to keep everyone happy

 

[gregers]

yeah had thought of all that breezer,just wanted to know what the official line was in employment law,

 

[MarkBarl]

I don't believe that there is any obligation to advertise a job, you just have to be sure not to discriminate on the basis of age, race, religion, sexual orientation and disability of any applicant. Some companies have an obligation to advertise a job internally and externally as a matter of internal policy though not I believe by law. You don't have to employ anyone you don't want to, the reasons just can't be in the list above.

 

[^woody^]

A firm does not have to advertise a vacancy, but if more than one person is applying for it, the selection process must be fair. And IIRC, the basis of selecting must in any case be fair and equal so as not to exclude/discriminate against certain groups

If an external person is just brought in, at the detriment to an existing employee who could fill the role, then there may be an implication that that employee has been treated unfairly and may have a justified grievance, but its a case of proving it.

Some companies will have policies for selection which must be followed.

 

[Bilioustrumpstaine]

It may well be the case that somebody is offered a position as they are deemed as a suitable candidate without the need for advertising.

If you feel that you are qualified for the position then ask your line manager if you could be considered.

Depends on the size of your company as to how you approach it really.