Promotion Being Barred

[iceman20]

Hello,

I have these questions, your comments greatly appreciated, thanks


1. Can a job vacancy advert for an internal vacant position be lawfully pulled down and vacancy be given to a disabled existing employee?

The deadline was one month time, 5 days after being put up, the advert has been pulled down, interested applicants have been personally told not to put their application through as the position has already been filled up! Reason: vacant position has been given to a a so called 'disabled employee'. Basically, it's sham, but is this lawful as per the DDA or any other employment legislations?

2. Is there a lawful need for readvertising the job vacancy?

Internal Vacancy came up. After sifting process, job was given to Mr X. Mr X left the job 1 month after having been appointed in new job. Reason: Mr X had some problems and he just stopped coming to work. Instead of readvertising the position, the job was instead offered to Mr Y, so called '2nd best candidate' out of initial sifting process when Mr X was appointed. Is this lawful?

thanks.

[iceman20]

No one has an answer yet?

[patdavies]

OK, I'll say that both are lawful - as there is no requirement in law to ever advertise a vacancy internally.

As long as they don't contravene the various discrimination laws (race, colour, age,sex, etc.) they can appoint who they like, when they like, how they like.