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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49821
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am currently working in a temporary contract in a bank and

Customer Question

I am currently working in a temporary contract in a bank and have applied for the job that I am working in however they have firstly told me that there is a freeze on all recruitment currently, I noticed that the job is advertised since they told me this, they then have told me that there is a bank on temp to perm recruitment as another C.V came in for the job from someone internal. There said I can apply for the job but they wont consider me. I do not understand this as I thought all temporary workers could apply for jobs on the internal website
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

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

Ben Jones :

Please note that as a practising solicitor I am often in and out of meetings, travelling, or even at court when I pick your question up. This may even occur at evenings and weekends. Therefore, I apologise in advance if there is a slight delay in getting back to you. Rest assured that I am dealing with your query and will respond ASAP. You do not have to wait here and you will receive an email as soon as I have responded. For now please let me know how long you have worked there?

JACUSTOMER-032do04b- :

5 months

Expert:  Ben Jones replied 4 years ago.
Many thanks for your patience. 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.

There is no general law that entitles temporary workers to apply for internal vacancies. The right applies to agency workers to an extent but even then all the employer has to do is provide access to the same vacancies as permanent employees, not necessarily consider applications in the same way, which means they could potentially fail to consider some and proceed with others.

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