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UKSolicitorJA, Solicitor
Category: UK Employment Law
Satisfied Customers: 4312
Experience:  solicitor
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End June 2013, my company advertised internally a position

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End June 2013, my company advertised internally a position that I feel qualified to apply.
I sent my application to HR after following 'internal process' ie to discuss with line management (who was supportive of my application).
I didn't receive directly from the company any news until now (mid August), when I learnt that there is a headhunter agency looking for external candidates and at the same time an interim was hired for the position.
I feel that there is an unethical way of conducting business here (to at least a not so transparent way), but I wonder if there is any legal issue ?

Whilst there is no obligation to give preference to internal candidates such as yourself, you should be treated the same as an external candidate applying for the role.

Unless you can show that you are being discriminated against on the grounds of age, sex, race etc., you would have a very hard time making a successful claim against your employer.

You should try and obtain reasons why you were not selected for the role and take it from there.

Hope this helps
Customer: replied 4 years ago.
Thank you. What will be the course of action to take if the company persists not acknowledging my application ? I knew about the interim hire and the headhunter involvement by simple chance / luck ?

In reality the company already hired someone (the interim) without assessing my application. In this case it seems I'm getting less favourable treatment although being internal.
You may raise a formal grievance about the fact that your application has not been acknowledged, your employer should have a grievance policy which should be followed if you raise such a grievance.

You would need to show that you have been discriminated against by your employer refusing to consider you for the role (your employer may argue that you are not a satisfactory candidate for the role even though you may feel you fit the bill).

discrimination occurs when you are treated less favourably due to a protected characteristic such as disability, race, age, religion, gender, marital status. The onus would be on you to prove this.

Hope this helps. Please leave feedback

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