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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47907
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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To ask can employer put someone on position without addvertising

Resolved Question:

Hi.to ask can employer put someone on position without addvertising job internaly or externaly and can they forse me to do job that I dont have in contract,please.
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.
5 years and 2 months
Expert:  Ben Jones replied 1 year ago.
Can you explain what has happened in a bit more detail please
Customer: replied 1 year ago.
some of employees that I know are on asset managers position and that positions werent addvertised at all,not in company or outside.
Expert:  Ben Jones replied 1 year ago.
There is no legal obligation on an employer to advertise a job, whether internally or externally. It is good practice but certainly not a legal requirement. As far as the law is concerned, 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 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
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Customer: replied 1 year ago.
Thank you for quick replay but just to say that on that position was only one man not others.No one in company knew that position for asset managers are open.Just to say ,all 4 new asset managers are friends that worked together in same department.Is that by law.Have to say that company that Im working ,having in code of practice that we all have equal oportunity,whitch I dont think was in that moment.
Expert:  Ben Jones replied 1 year ago.
It really does not matter whether the job was advertised or not or if the people who work in these positions are friends and were chosen because of who they know. The law does not require an employer to advertise a position, simple as that. Also equal opportunities is really concerned with discrimination issues such as the one mentioned above, like age, race, gender, etc . So unless you can show that these were relevant factors in the circumstances, then unfortunately you cannot challenge the fact that the job was not advertised or given as a preference to others. Hope this clarifies?
Customer: replied 1 year ago.
That is clear ,thank you.
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best