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Can a company hire without advertising the position?

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charliestead | 20:58 Mon 24th Jul 2006 | Jobs & Education
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A woman who I work with (who is the manager's wife) has been promoted to assistant manager. No announcement has been made, although we know it to be true. The assistant manager position wasn't advertised, does anybody know if this is legal?
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It's not ethical but I doubt it is illegal.

Even if they had advertised simply to be seen to do things the 'right way', you (or someone else) could have wasted great time and effort applying for the position, possibly even going through one or more interviews, only for them to give it to her anyway. I've been in that position and was very angry at all the time I had wasted putting together my application.
As far as I am aware, it is entirely at the board of directors discretion. More so if it is a small company.
marks & spencer,do it all the time.
Yes.

Probably about 50 per cent of all jobs are never advertised.

If that was not the case, people would never submit speculative CV's.
Many jobs have a policy of advertising jobs but there is no legal obligation on them to do this.
I used to work in Further Education, and part of the policy of publicly funded bodies such as education or local government etc, is that they are obliged to advertise posts, but in private companies I don't think bosses are so bound by this - so essentially they can appoint whoever they like without the need to advertise.
Any business that is not government run can employ without advertising the position. There is no law that states they can't, and to make matters worse for you, they can also employ anyone they like. Whether this be a family member or friends, with or without experience of the job. They are paying the salary, so basically they can do what they like.

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