Employment Lawyers Can Answer Your Employment Law Questions
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Employers have the right to choose who they employ and can make such decisions based on a wide range of factors. 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.
Hi, ive worked there for over 13 years.....so surely the one manager in question.....who doesnt like anybody in the hotel....cant stop me from applying for an advertised position. Particularly when her own family members walk into a job at the hotel without any interview. Thats blatant nepatism.
orally it is wrong, I agree, but legally the employer is not obliged to offer a position to everyone and make a fair selection - they can be selective if they wanted to as long as the discriminatory factors are not used to affect their decision
sorry that should read morally, not orally
Ok thank you
you are welcome