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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48176
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hello can you help me .is it legal to create a job never heard

Resolved Question:

Hello can you help me .is it legal to create a job never heard before .and promote someone to do it without out advertising it to other staff so they can apply for it ??? Thank you very much
Mr c Farrell
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

How has this affected you?

Customer:

I wish to have applied for job

Ben Jones :

There is no general legal obligation to advertise a job to everyone before someone is appointed to it. In fact, 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 who it employs, even if it this generally appears to be unfair and excludes some people.


 


The only other time you may challenge this is if there was a specific policy in the workplace which said that the employer had to advertise all positions internally but in the absence of such a policy or discriminatory reason, it is not unlawful to create a job, not advertise it and then appoint whoever the employer chooses.

Ben Jones :

Before you try and exit chat can you please let me know if your original query has been answered or if you need me to clarify anything else in relation to it before I close this at my end?

Customer:

Thank you you told me what I needed to know very helpful ta

Ben Jones :

You are welcome and sorry it may not have been the answer you were looking for, all the best

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