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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44874
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been covering the assistant managers job since june

Customer Question

I have been covering the assistant managers job since june 2014, i cant apply position because the firm I work not internally let employers do this. They have been advertising position since June 2014 and still haven't filled the position. I have been told that if they do not fill the position within a year the job is mine because i have been covering
kind regards
***** *****
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Ben Jones :

, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked company?

JACUSTOMER-0qd2ncj4- :

since 2009

Ben Jones :


Thank you. I just need a few minutes to prepare my answer.

JACUSTOMER-0qd2ncj4- :

ok

JACUSTOMER-0qd2ncj4- :

this is not quick enough

Ben Jones :

, you have paid Medium urgency answer, I also can't just do the required research and type uo an answer i the space of just 10 minutes

Ben Jones :

I won't be much longer but if you don't want to wait then let me know and I can close this question

JACUSTOMER-0qd2ncj4- :

no want to wait please, im just upset about the situation at work

Ben Jones :

no problem, will respond asap

JACUSTOMER-0qd2ncj4- :

thanks

Ben Jones :

An employer does not have to allow its employees to apply internal vacancies. There is no general right to be given the opportunity to apply and if the employer has a policy where it does not allow existing employees to apply they are not doing anything illegal. The only time this may become an issue is if the reasons you are not allowed to apply are linked to certain ‘protected characteristics’, in which case it can be discriminatory. These are gender, age, race, religion, disability but if none of these are relevant to the employer’s decision then it would not be discriminatory and they can still apply a policy where they do not allow internal candidates to apply. As this job was not given to you on the understanding that it would be a permanent position then unless the employer confirms you have been permanently placed in it, or if you have worked in it prolonged period of time on the understanding it is permanent (years rather than months), you cannot claim permanent rights to it unfortunately.


JACUSTOMER-0qd2ncj4- :

can i refuse then not to cover the position with no repusions

Ben Jones :

does your contract state you can be asked to do this?

JACUSTOMER-0qd2ncj4- :

no

JACUSTOMER-0qd2ncj4- :

i work bakey and I have read all about them they advertise all sorts

Ben Jones :

how long have you worked there for?

JACUSTOMER-0qd2ncj4- :

6 years

Ben Jones :

if your contract does not state you can be asked to cover other jobs or take on additional tasks then you cannot be forced to do so. If you have initially agreed to do this unspecified period then you can refuse to continue doing so although it may not necessarily take effect immediately as the employer may need some notice to be able to find someone else to take your place

JACUSTOMER-0qd2ncj4- :

I get paid weekly so i could give them a weeks notice

Ben Jones :

how often you get paid does not have any influence on this, the notice period may be longer if the employer is not able to find someone sooner but at the same time it should be reasonable, so not a couple of months

JACUSTOMER-0qd2ncj4- :

I cannot get sacked this then

Ben Jones :

no as you do not appear to be breaching your contract, also you have more than 2 years service so you are protected against unfair dismissal, meaning the employer has to show there was a fair reason and follow a fair procedure

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? Thanks

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