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Jenny
Jenny, Solicitor
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Can a person who is currently employed at a Private school

Resolved Question:

Can a person who is currently employed at a Private school be refused the chance of an interview for a position that has come vacant even though the candidate has been carrying out the work of that position for all intents and purposes for the last two years with great success and has all of the relevant certification, experience , capabilities and suitability for the Job!
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long have you worked for the employer?

Customer:

It is my Partner who has worked for the Private school for five years

taratill :

Ok thanks, ***** ***** they have been carrying out the work functions for 2 years , were they being paid to do this work as well so are effectively demoted?

Customer:

They where doing more work than their position had demanded, the new position is vacant because of a person retiring next up the line to my partner, My partner had been effectively doing the paperwork and the clerical work of the retiring person for two years but she was hoping that she would have had an interview because of the fact that she has the experience, history, certification and full knowledge of the running of the department within the private school.

Customer:

that should have said She was doing

taratill :

Well unfortuantely there is no legal requirement for an employer to allow an employee to be interviewed for a particular role. The exception to that is where the decision not to interview can be considered to amount to discrimination contrary to the Equality Act 2010, (on the grounds of sex, race, religion, disability, age, pregnancy, or for raising a health and safety or other complaint.). This means that there is no action your partner can bring against her employer for this. I do think it is unfair though so your partner could raise a grievance although it probably will not make any difference if the recruitment decision has already been made.

Customer:

she was being paid a set salary for her position, She would have been in a position to take over the role as well as her existing role and coped very easily . From the schools point of view she would have had a salary increase if she was granted an interview and was sucessful where as now they have to employ another person at 35,000 plus my partner at 25,000 .But thank you for the advice

Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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