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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50202
Experience:  Qualified Employment Solicitor
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A vacancy in Scotland was advertised as a temporary post.I

Customer Question

A vacancy in Scotland was advertised as a temporary post.I applied but was unsuccessful.Interview feedback was very positive and confirmed I would be eligible to apply for the post if and when it was deemed a permanent position.The post has now been made permanent without re interviewing based on the recency of the interview for the temp.position and supposed company knowledge of who would now be interested in the permanent post. No I have any legal recourse?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 11 months ago.

Was this a position with your current employer?

Customer: replied 11 months ago.
Expert:  Ben Jones replied 11 months ago.

Thank you and how long have you worked there for?

Customer: replied 11 months ago.
Since January 1999
Expert:  Ben Jones replied 11 months ago.

Thank you. Employers generally have the right to choose who they employ and can make such decisions based on a relatively 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 or most suitable candidate. In fact, it is generally lawful for the employer to use whatever factors they feel are relevant and appropriate in the circumstances to arrive at that decision.

The only requirement in law is that the employer’s decision is not based on discriminatory grounds. This means that they should not base their decision on what are known as ‘protected characteristics’. These include things like gender, race, religion, age, disability, sexual orientation, etc. If their decision is based on or linked to any of these characteristics, 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 whom it employs, even if it this generally appears to be unfair. So whilst there is nothing stopping you from raising your complaint internally with the employer, from a legal point of view your options are limited, unless you can prove some kind of discriminatory conduct.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

Expert:  Ben Jones replied 11 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 11 months ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks