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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47418
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I gave my resignation to my job for a charity because of the

Resolved Question:

I gave my resignation to my job for a charity because of the working practices of my boss and was asked to have an exit interview where I was asked to be as open and honest as possible so that they could investigate some of the reasons I highlighted for leaving. I have since found out that the person concerned is now retiring. I was asked at the end of the exit interview whether I would return to the charity and I replied yes but only when my boss retired. I have been in touch with the charity and have said that I would like to apply for my old job but I have been told that this job will not be advertised until they fill the post of the Organising Secretary. Can a charity fill a post without advertising to the public? Because if the jobs are not advertised I will not be able to apply.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

Have you now left the charity?

Customer:

yes I left on 23rd May 2014.

Ben Jones :

OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you

Customer:

Yes I left on 23rd May 2014.

Customer:

thank you x

Ben Jones :

Many thanks for your patience. There is no legal requirement for an employer, including a charity, to advertise any vacancies it has. Employers have the right to choose who they employ and can make such decisions based on a wide range of factors, even without having to advertise the position. There could be a number of reasons why one candidate is chosen in preference to others or why someone is not given a job, even if they are generally considered to be the best candidate. It is generally lawful for the employer to use whatever factors they feel are relevant and appropriate in the circumstances to come to that decision.

The only requirement in law is that the employer’s decision is not based on discriminatory grounds. That means that it should not base its decision on factors relating to gender, race, religion, age, disability, sexual orientation, etc. If its decision is based on any of these, there will be a potential case of discrimination and the affected person can potentially take this further. However, in the absence of any discriminatory reasons, the employer will rarely be acting unlawfully and will have the general power to be selective over whom it employs, even if it this generally appears to be unfair and even without advertising the job in question.

Hope this clarifies your position? If you could please let me know that would be great, thank you


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