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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49807
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been with my current employer for 16 years> They have

Customer Question

I have been with my current employer for 16 years> They have recently restructured the sales and account managements teams. They have promoted a member of staff without advertising the role to the position of director. This person has now become my line manager.
I spoke withe the MD who said he was more dynamic but would never have my knowledge or experiance Where do i stand legally?
Submitted: 5 years ago.
Category: Employment Law
Expert:  Ben Jones replied 5 years ago.
Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know why do you think your employer hasn't acted properly here?
Customer: replied 5 years ago.
The position hasn't been advertised and the MD has promoted someone with out giving other staff the option of applying of putting there case forward. This quite clearly a breach of equal opps
Expert:  Ben Jones replied 5 years ago.
There is no legal requirement to advertise a position before someone is appointed in it. Not unless there is a specific internal policy that states this must happen.

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 considerations 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.

So I am afraid there is no breach of equal opportunities here from a legal point of view - morally, maybe, but not legally.

I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to explain the law as it actually stands and sometimes this does mean delivering bad news. Please let me know if you need me to clarify anything.

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