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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48190
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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An internal vacancy within my school arose. The head teacher

Resolved Question:

An internal vacancy within my school arose. The head teacher sent an internal email to each member of the department advertising the position. One of these people was covering maternity leave at the time. We were the only two people to apply for the position. We were then told by the head teacher that he was going to advertise the position externally. He said this decision had nothing to do with the quality of the applicants. I have since heard that he had to do this as he had inadvertently ring fenced the advert to one external candidate ie the person covering maternity leave. Is this correct?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
23 years
Expert:  Ben Jones replied 1 year ago.
So is your concern the external advertisement?
Customer: replied 1 year ago.
Yes. The job was then advertised externally. I believe that the head made an error by including the person covering the maternity leave in the original email. I understand that in doing this he had broken employment law. This is why he decided to advertise the position externally.
Customer: replied 1 year ago.
This person would have had to apply as an external candidate meaning that he had ring fenced the position to her
Expert:  Ben Jones replied 1 year ago.
Why did he break employment law, what specifically are you referring to?
Customer: replied 1 year ago.
As I referred to in my original question; he inadvertently "ring fenced" an external applicant into the email sent out to all of the other internal candidates. I was told that because of this he had to open the advert up to other external candidates. Is this correct?
Expert:  Ben Jones replied 1 year ago.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, sorry I have just seen that the initial part of my response did not post and only the last paragraph pasted, I can see this may have been confusing...so I will try again. What I tried to explain is that the employer is mistaken in terms of their obligation to advertise the job externally, just because they have included the external candidate in the initial correspondence. There is certainly no obligation on them to do so and they could very easily contact that person and tell them that there was an error and that they should not have been include in this correspondence and that sadly they will not be considered for this post. The employer has no legal obligations towards them just because they were told that they were being ring fenced. At the same time, however, there is nothing topping the employer from advertising this post to external candidates. So if the employer really wanted to they could also include the external candidate in the recruitment process. So if they did include that person it does not give you rights to challenge it. So this creates a position where neither you can challenge a decision to include an external candidate, nor can the external candidate challenge the decision not to include them in the process. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
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