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Job advertising legalities

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rb105051 | 21:17 Tue 06th Sep 2011 | Law
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Is it legal for the NHS to employ someone by word of mouth or should the position be advertised externally and internally.
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In the current climate, the NHS (well, my bit of it anyway) is redeploying some people who are at risk or are about to lose their jobs, as vacancies arise - the person at risk has to apply for it, but people in the redeployment pool are looked at by HR before the job goes to internal advert. If there is someone with the right skills who can be redeployed to fill a vacancy, it doesn't get advertised. This is perfectly normal practice in time of merger and budget reduction such as we are going through at the moment. Is this what you mean?
Don't know if NHS operates the same as Civil Service but I think it unusual to recruit externally in this manner. If internal it is probably as Boxtops said.
It's certainly not "illegal" (i.e. against the law) to fill vacancies in that manner. Whether it breaches agreements that the employers have with their unions or employees is a different matter.
Our staff side reps are fully consulted, newjudge, about all these processes.

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