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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48190
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am senior manager and work in local government and a restructure

Resolved Question:

I am senior manager and work in local government and a restructure is proposing that I manage my partner directly who also manages staff. I am worried that we may be putting ourselves at risk by this and wondered if there is any case law or recommendations to help protect us?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. In what way do you think you are placing yourselves at risk by doing this?

Customer:

I am a budget hold for the council and my partner spends off the codes I Authorise can we be challenged here? Also staff would normally escalate issues with their direct manager to the next one up the line so I'm confused as to whether or not this is OK or? Would we just be making life too difficult for our selves and others we work with?

Ben Jones :

That is not something you will find an answer in case law - it depends entirely on the employer, their structure and how they manage things internally. It could easily work for one employer, but potentially cause issues for others. So it is not really a legal matter as such, it is a practical one that needs to be resolved with the employer. If they are happy for the new structure to proceed as planned then there could be no issues in that respect, although you need to raise any concerns you have with them and see what their response would be as they are the ones who will be placed to make decisions on any potential issues that may arise from that

Customer:

Thank you Ben I will do just that your answer is good to know. May I also ask if there is any risk that my staff may have cause to complain that I have promoted my partner in favour of them?

Ben Jones :

From a legal point of view an employer has the right to place a person into a position without advertising it or giving everyone who is eligible to apply for it. It may appear morally unfair to those who have missed out but it is not unlawful. They would still have to follow any internal rules they may have about this, so if you have a policy which says vacancies will be advertised first then they may have failed to follow their own rules and the affected employees could complain based on that, but even if advertised there is no obligation on the employer to appoint the most suitable person and they can still have a preference over who they want to appoint. The only other relevant factor is that the employer should not prejudice anyone based on discriminatory reasons, such as because of their age, gender, race, religion, etc but as long as they have not used these factors as part of the decision making process then it is not really an issue

Customer:

Most informative and much appreciated. Thank you for your time and I will discuss this all with my partner now and will talk to HR to ensure they are happy and will support us if any challenge ensue.

Ben Jones :

you are most welcome, all the best

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