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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44957
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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An internal vacancy has arisen at work (I work in a school).

Customer Question

An internal vacancy has arisen at work (I work in a school). It is a job that I am well qualified to do. However, two members of staff have been approached by our manager - they have been specifically taken aside and chatted with - and been asked to apply for the role. They have been told that they will be able to do it on a job share basis or there may actually be a possibility that there will be two roles available in which case they would get one each.
Are there any legal issues here? Are there any legislative provisions that cover this? It has left me in a position where I feel there is absolutely no point in me applying for the role. This is despite the fact that I have I have been teaching for longer than both of the colleagues who have been approached and have more management experience (the role is low level management) than both of them put together. In fact, one of my colleagues who has been approached only finished her training last year.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
I am just coming up to the end of my second year - September 1st will be 2 years.
Expert:  Ben Jones replied 1 year ago.
Good morning, the legal position is that 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. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

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