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Is there an employment law on recruitment/promotion?

Category: Other

GrittyKittyGrittyKitty


There are quite a few of us that have the same job role. We are all split up into different areas of the organisation. One person went up against another person for a coordinator position in one area of the organisation - the role was only to coordinate people in that area so was ringfenced and was not open up to people in the other areas to apply for the post. We have several reasons for suspecting that the person that got the job got it due to favouritism. This was 3 years ago.

Now we have been told that they need to make some of us redundant and so we will all need to re-apply for the job based on selection criteria. However, the coordinator (who still does the same job as the rest of us as well as coordinating some people) is safe from redundancy as she has been given a role as coordinator - coordinating everyone this time, not just one area.

2 questions:

1. Can the organisation just extend her role without advertising it to the rest of us, even though some of us are equally qualified and experienced for her role, and especially as not everyone was eligible to apply first time around?

2. Are they allowed to make her safe when the rest of us are at risk of redundancy?

I have searched books on employment law and the internet but cannot see any law that covers fair recruitment/promotion, other than in the case of specific discrimination, e.g. gender, race, disability etc.

Thanks.

Mr_R_Swipe
Mr_R_Swipe

This is a complex situation, and someone needs to sit down with you as a group to go over the details. I would however doubt that you can have any direct complaint over the events of three years ago... but those events might form part of the evidence for a claim of unfair selection for redundancy and ergo... unfair dismissal on those grounds.

There are strict legal rules governing reorganisation and redundancy, but you really need expert advice. Assuming you and your colleagues are not in a Trade Union... the ACAS website has a helpline number and that would be a good place to get initial advice.

ADDED...

If the local Reps aren't up to the job, insist they refer the case to your regional officers. 'raising it with management' is a cop out. Insist on a proper legal opinion.

WRG
WRG

There doesn't seem to be any violation of either UK or US law in what you posted.

magpiesmn
magpiesmn

I say making everything illegal is the only way to make a human do the right thing.

Kernow Lady
Kernow Lady

Owners of business's can promote who they like. There is no UK law dictating to firms what they can do in your position. We are not yet a totalitarian state and cannot be dictated to by the staff as to how we run our business's.

Eziblogger
Eziblogger

1. Yes. They can extend her role without advertising it. What they have done is to 'absorb' additional duties into her role - it is common practice during re-organisations or redundancies.

2. If she is the co-ordinator, then her role is different from yours and your colleagues. It appears that they are reducing the number of people doing your role, not hers.

Regarding what happened three years ago, if you did not raise it at the time, then it's too late to raise it now. Besides, favouritism may not be fair but it is not illegal.


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