help! is my employer breaking the law??

chris7

Hi

Wondering if anyone can help with this question. Can my employer create a new post and appoint someone WITHOUT first advertising it internally?

The small, confectionery factory I work for has doubled its' staff since I started work 8 years ago. My job is physical basically preparing, labelling and packing orders on my feet for 8 hour days and is crippling me!. They are aware of my OA and have allowed me to reduce my hours to 3 days. However last year they created a new mostly office based computer role where no qualifications were needed as on the job training was given and gave the job to an existing non british born colleague without any formal interview and certainly not the basic English exam pass as would normally be required. We were all pretty p*ssed off at the sly way this was done but in truth I was perhaps the only other person who would have liked to have been considered for it and not wishing to make waves I kept quiet. To be fair she has done a reasonable job in the role, did not receive a pay rise and I doubt has even got a new job description or contract. :roll:

With my dodgy hips worsening, I had been intending to make a formal request to my boss that if any future less physical roles came up I should like to be considered, but felt thwarted when we recently acquired another company and quite rightly took on their existing office and manual staff. I felt I had missed my chance and that the office side was now overstaffed.

However I discover by rumour but as a fact today that yet another new mainly office/computer based post has been created and that they have this time appointed an external applicant for it. Once again no specific qualifications seem to be required and I am fuming. Can they do this? The new post is full time but my boss is well aware that I would be happy to return full time in a less demanding role. Surely they have to advertise new vacancies internally? Does anyone know where I stand on this legally? Yes I currently work as an unskilled factory packer but do have a degree and my ECDL qualification. This time I am ready to kick up a fight. It goes without saying we have no real personnel staff and certainly no union.

Any thoughts or advise appreciated.
Chris

traluvie

Hi Chris,,,

I;m not really sure, but you can ring a company like ACOS or citizens advice and they can tell you of yyour rights..
Wish you well and let us know how u get on..
Take care
Tracy
xxxx

chris7

Thanks Tracy and Del

Not sure what to do at the moment. Me initial fight is ebbing away here. Just annoying that they don't advertise these things internally and give us all a chance of applying, was hoping I might be able to quote sommat to scare em for not doing. Will have to wait until the new person starts work before I can say anything but might try CAB in the meantime if I can get through on the phone!!
thanks for looking in
Chris

chris7

Just a quick update on the above as I see a few peeps have looked in here.

Discovered today that the new person is the MD/owners next door neighbour and well qualified for the post so not alot we can do about that! There are however other recruitment problems/possible discrimination going on at present which I clearly can't post in detail here! :roll: If anyone is clued up on employment law I wonder if you would feel able to let me know so I can send a pm? I don't feel able to raise this locally even with the CAB.
Thanks
Chris

maria09

Hi Cris
I cant offer any advice on this one im afraid but just wanted to offer my support
Keep safe
Maria x

chris7

Thanks for calling in Maria

This is a tricky one but someone has today very kindly sent me a link on pm which is answering my questions. The booklets are proving very interesting reading indeed!! :shock: I wonder what would happen if someone were to send for some of these booklets and accidentally leave them in the staff canteen?
Thank you
Chris