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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48189
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was interviewed for a promotion ( I was pretty much doing

Resolved Question:

I was interviewed for a promotion ( I was pretty much doing the job already) didn't get it. Then found out the person who did was offered the job 6 days before I was interviewed. Is this allowed. I work in education and the other person was not working for the same service already.
Thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long have you worked there for?

Customer: replied 1 year ago.
I have been there since April 2016 but the service was restructured and I had moved within that and had been in post since November 2014.
Customer: replied 1 year ago.
Any thoughts yet?
Expert:  Ben Jones replied 1 year ago.

Hi there, sorry I was offline by the time you had replied. 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. This could even include knowing the candidate to be selected in advance and still running a sham recruitment process to make it look fairer.

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.

The other thing that would go against you is your length of service – even if there was unlawful treatment by the employer, the only way to challenge it legally would have been via resigning and claiming constructive dismissal. However, you need 2 years’ service to do so and you do not have that so even then you would not have been able to challenge it in any way.

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

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