Can You Employ Someone Without Advertising The Job Elsewhere?

[razorriot33]

My new Marketing Manager has been employed because she is a friend of the Chief Executive. She has some branding consultancy experience, but not the adequate level to be in such a position. She also has no experience in the industry that we work in. She so far has clearly demonstrated that she is out of her depth.

There was no interview process externally or internally, she was just handed the job without even an interview for herself.

Has she been employed legally? Are there laws which prevent this from happening?

[EDDIE51]

Yes you can.

[pixie373]

Eddie will know the law on that. However, we had to advertise externally due to "equal opportunities."

[EDDIE51]

You can employ anyone you want.
Yes, as long as the employee and employer agree terms that is it. She is legally employed there are NO laws that prevent this.

[FredPuli43]

Yes. That's what nepotism was created for. But there is only one test:does the employer think that this person is best suited to the job? If the answer is that my son is, I needn't look any further ! My fellow directors might disagree or say that the job must be advertised, and I might be bound by their decision, but that is not a matter of law over and above that practical, or private, obligation.

[boxtops]

Depends where you work, too. In many organisations it has to be an open and transparent procedure with opportunities for anyone to apply.

[Prudie]

It depends entirely on whether you have a company policy on this. In the public sector it wouldn't be allowed (although there would be ways round it) but there is no law. CEs tend to be able to do what they want.

[Canary42]

////has been employed because he is a friend of the Chief Executive...so far has clearly demonstrated that he is out of his depth. ///

George Osborne

[March-Hare]

some organisations have internal rules to say the job must be advertised internally for a period of time but ultimately they can employ who they like .... someone who is turned down could pursue a case if they felt the process was unfair - but there will always be ways for a company to mitigate this

[Maydup]

There is no obligation to advertise a job although an existing employee who sees the role as natural progressison but isn't given the opportunity to apply might have a discrimination case. Otherwise they can appoint whoever they like. Its usually safest not to advertise and interview if they want to appoint a friend as that way no one else can accuse them of discrimination in the selection process.

[Peter Pedant]

NHS of course you have to advertise - and also the Police
but they are public orgz using public money

[paddywak]

When I worked for British Coal all jobs above a certain grade had to be advertised,even though in most cases everybody knew who was going to get the job.A friend of mine had been doing a particular job for several months,but did bother applying when it came up as he felt that there were a lot more experienced people then him going for it.The day before the applications closed he was called into the office to sign the application that the boss had filled out for him. He got the job.

[stokemaveric]

as the old adage says...''its not WHAT you know...its WHO you know...

[EDDIE51]

The only law about this is where there is a specific requirement for a particular qualification to be held. Examples are anything from a lorry driver to a doctor or a solicitor, There is no legal requirement for a marketing manager anyone can be appointed with no qualifications.
The person concerned could not be appointed as a social worker for example as that needs a recognised qualification but anyone can be appointed as a marketing manager as no qualification is necessary.