Employment legislation- re advertising new job

[emmad]

Hi i hope someone can help. My job have made up a new role within our sales department. It was done on the sly and was given to someone who has no sales experience without telling anyone in the company until it was made offical and announced. Are they legally allowed to do this. Do they not have to offer the job to all staff before offering to someone with no experience?
I hope someone can help me because i thought that they had to advertise both internally and externally for a new postion within a company
thanks x

[buildersmate]

No legal obligation to do this. Just poor HR policies to behave in this way.

[WoWo]

Many companies have a written policy that they will advertise internally first before going out side but there is no legal requirement to do so and in practice I have found that any company with such a policy generally ignore it.

Where there is a legal issue is if they have made people redundant from a position and then filled the same or effectivelty the same possition within 2 years, it sees from the information this is not the case.

[ChuffingHell]

There IS a legal requirment for any new role to be advertised internally for at least a week, at the very least. They don't have to go external though.

However, its not the sort of thing companies get taken to court over (which is why so many companies work in this way).

I would speak to the department manager and ask why you weren't considered. Make them think on their feet. If they say you're not experienced enough, ask for the JD to compare yourself against. You have a right to do this.