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salutations | 17:31 Fri 27th Mar 2009 | Jobs
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Do you have to externally or internally advertise a job wich you wish some one already to take over from the person who's is retiring ?
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The business owner, director, can do whatever he or she likes.
There is no employment legislation that forces a particular course of action - provided one treats people fairly. [So to demote someone already there and pop a new employee in the management chain might be an issue]. But that is not what you appear to be describing.
Of course it is good practice to open applications up to candidates from a wide area.
I fully agree with Buildersmate, in that an employer is under no obligation to advertise a vacancy. He can simply give the job to whomever he pleases. (the only exception would be where there was a formal agreement, regarding staff recruitment, with one or more unions).

However I would point out that it would sometimes be 'good practice' not to advertise a job. I applied for a head of department teaching job in Norfolk. Norfolk LEA had to pay for my travel (from Sheffield) and for my overnight accommodation. Sheffield LEA had to pay for a supply teacher to take my classes. There were three other external candidates, meaning that a large amount of public money had to be spent on paying their expenses and providing supply staff to cover their lessons.

As soon as we got to the school where the interviews were being held, it was made abundantly clear to us that we were only there to 'make up the numbers' (because the big teaching unions had insisted that the job had to be widely advertised). The second-in-department had been doing the job for nearly a year, since his boss had died suddenly. The head teacher (and the governors) were clearly of the opinion that he was 'a breath of fresh air' and 'the best thing since sliced bread'. He (unsurprisingly) got the job. I'm sure that his employers made the right decision (so there were certainly no 'sour grapes' from me) but it still seems absolute madness that the school had to waste everyone's time, and a lot of public money, when they had an excellent candidate already doing the job.

Chris
To give someone a job without giving other people the chance of going for it is asking for trouble these days. I agree with Buenchico that is is daft to advertise even internally if you know you already have a suitable candidate but many people would take exception to this and feel aggrieved. It's only fair that they get the chance to explain why they would be best for the job.

If the person you want to get the job really is the right person then there shouldn't be a problem with interviewing other people and being able to tell them why they weren't suitable. Of course, you might actually find someone who is more suitable.

I know it seems like you are just going through the motions by asking people to apply but better that than having grievance letters or, worse still, discrimination claims landing on your desk.

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