Equality claims usually occur most often during internal promotion rounds. Complications can arise when a particular person is selected for promotion without the position being advertised in advance or subject to an internal competition process. Employees who are excluded for promotion may claim that failure to open the job to competition constitutes unfair treatment. Other benefits include transferring the internal candidate to the position without having to wait for notice periods or restrictive obligations to expire. And, of course, you already have your relevant documents. One of the biggest benefits of hiring an existing employee is that internal recruitment sends a message to all your employees that they can make progress in your business. The opportunity to further develop their skills, experience and career is one of the five most important factors employees expect from their employer. Employers who commit and commit to developing their current employees will advertise internal vacancies, whether or not those positions are required by labor law for these reasons. Internal candidates can be extremely attractive to employers who want to hire someone who knows and understands the company, with proven experience.
Some employers choose to advertise only in-house, as it can be faster and cheaper than sifting through countless apps and training someone who is new to the company. However, through internal and external advertising, employers create the largest possible talent pool for each available job offer and minimize the risk of discrimination – provided that a job offer in itself does not disadvantage protected groups. So when does failure to advertise internally result in an employee`s claim? Equal treatment in employment and occupation legislation prohibits employers from treating candidates and employees differently on the basis of certain characteristics. Opening up to all also means removing potential discriminatory barriers. Depending on the circumstances, the absence of internal advertising may constitute unlawful discrimination. Another point to consider is who will fill the vacancy; If a vacancy is created with a specific candidate in mind, but that candidate is working in the UK on a visa, it may be necessary for the position to be advertised before the candidate is appointed. Employers should review all guidelines on this point to make sure they are not breaking the rules, and should also consult a lawyer if they are unsure. Essentially, this means that the provisions relating to job posting or the decision not to advertise employment must not discriminate against other potential candidates for any of the reasons protected by the 2010 Act. For example, if the company recruits for a sales manager but the position is only advertised internally, the employer could indirectly discriminate against women if the potential candidates in the company are all men. When it comes to recruiting someone for a new position, there is one key issue that employers need to consider. Are they required by law to advertise the job before appointing someone to fill it? Here`s everything you need to know. All forms of job postings, including e-mails, direct mail, signs in shop windows and on company bulletin boards, and advertising to the general public in newspapers, radio, television and the Internet, should not discriminate against anyone on any of the protected grounds, unless there is objective evidence that the discrimination is lawful.
Even if you have people in-house who could do the job, opening up to external candidates can mean that you can attract the strongest candidates in the market, that there is more open competition, and a broader possibility of a more diverse workforce. However, if the employer does not have written rules, policies or procedures regarding hiring, the short answer is no, employers do not need to advertise a job before nominating a candidate. Whether you`re pursuing a vacancy internally or externally, it`s important to remember that the only benefit you can offer internal candidates is the opportunity to apply for the position. Learn more about what not to say in a job posting here, or to discuss this topic further, talk to your labour lawyer. Sinclair -v- Intel Ireland Limited and Wilson -v- Adelaide and Meath Hospital are two of those cases in which employers have been accused of discrimination for allegedly failing to advertise effectively internally. The most effective way to recruit is to search both internally and externally. Often, employers first advertise internally before extending it to people outside the organization. Although an employer is not required by law to advertise a position internally or externally before filling it, it is recommended that a job description and criteria be created on which it can rely in the event that another person complains of discrimination. If an employer is concerned about the risk of a claim, they should contact a lawyer to discuss their concerns and seek relevant advice and guidance.