Can an employer advertise your job without telling you?

What should I do? If there is strong evidence that the company is advertising your current job without telling you, then it may be raising it with your employer informally before you do anything else. If you aren’t happy with their response, you can raise a formal grievance with them.

Can someone be promoted without the job being advertised?

If, however, the employer does not have any written rules, policies or procedures relating to recruitment then the short answer is no, employers do not need to advertise a job role before appointing a candidate. There is no legal requirement for vacancies to be advertised, either internally or externally.

Are there legal requirements to advertise every job vacancy?

There is no specific legal requirement for employers to advertise every job vacancy that arises. However, an employer that considers only internal candidates, or people already known to the employer, is limiting its pool of candidates and may not recruit the strongest person for the role.

Do jobs have to be advertised internally by law?

The simple answer is no. There is no legal obligation to advertise jobs internally or externally. But employers and managers must pay attention to any collective agreements to see if they specify whether roles need to be advertised internally first before resorting to external methods.

What is failure to promote?

Failure to promote is a form of discrimination, and is illegal when it is based on a person’s gender, race, color or national origin, ethnicity, religion, physical or mental disability, medical condition, age (if over 40), sexual orientation, gender identity or expression, ancestry, HIV/AIDS status, martial status.

What can’t you say in a job advert?

You may only write phrases such as “recent graduate”, “young and fresh” or “mature” in the advert if they are actual requirements for the job role. These types of phrases may violate discrimination law because they exclude some people based on their age. Be careful with any gender-specific terms.

Can my job be advertised if I am off sick?

Particularly when sickness is supported by both Occupational Health doctor and the employee’s doctor? They cannot advertise your particular job as it is still your job…you are only off sick. redundancy means there is no longer a need for your role, so if they are advertising your role, you are not redundant.