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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Last month a vacancy was advertised receptionist

Resolved Question:

Last month a vacancy was advertised for hotel receptionist for our hotel......i had been wanting to apply for a receptionist job for a few years at our hotel....so when the vacancy arose at our place i planned to apply for it. The hotel General Manager (Mary) thought it was a good idea and said she would let me know as soon as the vacancy was to be advertised. However....when she mentioned this to the other hotel manager.. (carina).....carina said she didnt want me up there and didnt want to work with me. Yet Carina.....used to be General Manager until she got demoted and replaced by Mary......she has her 2 daughters both walk in to a reception job at the hotel.....no interview or anything.......her son works on the bar.....again no interview for the position......her daughters boyfriend works on the bar.....again no interview!! How can this be fair if she was adamant i wouldnt get the job if i applied!!
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.

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.

Customer:

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.

Ben Jones :

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

Ben Jones :

sorry that should read morally, not orally

Customer:

Ok thank you

Ben Jones :

you are welcome

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