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Advertising Council Jobs- LAW question

col Avatar
9y, 10m agoPosted 9 years, 10 months ago
Can anyone tell me what laws govern councils when recruiting please.

i.e do they legally have to advertise vancancies?

any links really appreciated

Thank you

Col
col Avatar
9y, 10m agoPosted 9 years, 10 months ago
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#1
Being public sector I'd imagine councils would have to follow the same rules as the NHS in that all vacancies must be advertised. They can however restrict applications to internal staff only or, if they're planning cutbacks, restrict them to staff facing redundancy.

I'd recomend contacting Unison for exactly what the rules are for councils.

http://www.unison.org.uk/
#2
My query is in regards to somebody recruited externally from Asda but with no job advertising for position.
#3
Phoned unison they wont help me with enquiry cos Im not a member:x
#4
Have you been overlooked for a job col?

Maybe acas has the answer for you...

http://www.acas.org.uk/index.aspx?articleid=345


Acas Helpline answers your employment questions in one confidential phone call.

08457 47 47 47 Monday - Friday 08:00 - 18:00
#5
col
My query is in regards to somebody recruited externally from Asda but with no job advertising for position.


That does sound a little dodgy, maybe councils operate under different recruitment rules to the NHS after all.

I'd go with BECKYBOO's ACAS suggestion next, sorry I can't be any more help.
#6
Thanks for all the comments.

No its not me its my OH.

She was on maternity leave and this person was brought in as a temporary clerical assistant then was given a job of events co-ordinator that never existed before.

OH was now told she has nothing to do with events anymore even though before she left for maternity leave this took up at least 50% of her work.

Thanks for ACAS details think she is going to contact them with all the details.

Thanks again.

Col
1 Like #7
col
Thanks for all the comments.

No its not me its my OH.

She was on maternity leave and this person was brought in as a temporary clerical assistant then was given a job of events co-ordinator that never existed before.

OH was now told she has nothing to do with events anymore even though before she left for maternity leave this took up at least 50% of her work.

Thanks for ACAS details think she is going to contact them with all the details.

Thanks again.

Col


OK I was wrong, that's not a little dodgy, that's very dodgy.

As well as contacting ACAS your OH could ask her UNISON rep to look into it, even if she's not a member she's still a public sector employee so it's worth a try. If it was me I'd try contacting the CAB too.
1 Like #8
I can't find the exact written law but this extract sums it up...

All vacancies must be advertised to avoid word-of-mouth recruitment which restricts the available choice of applicants and may thus leave the University open to charges of both direct and indirect discrimination which are unlawful.

This link covers a lot of ground about word-of-mouth recruitment:
http://www.eoc-law.org.uk/default.aspx?page=2799
1 Like #9
That sound tough on your OH col. I sure would be annoyed to come back off maternity leave to some one else doing my job....

I found this on the acas website

(Maternity leave) At the end of it, she has the right to return to her original job. If a redundancy situation arises, she must be offered a suitable alternative vacancy if one is available. If the employer cannot offer suitable alternative work, she may be entitled to redundancy pay
#10
Yeah she has worked there 5 years and it is very stressful for her.

Thanks for quotes and links really appreciated.

Shes on the phone to them as I type.

Col
#11
I hope they can help :)

Let us know how she gets on!!
#12
Been told by ACAS its sex discrimination and she has to contact equal opportunities to find out more but they are closed at the moment.

Hopefully find out more tomorrow.

Col
#13
What is it with ASDAs? Our local one opened in September and some busy body who works there who is the events person goes around to local events taking details and sending them to the paper. I just see her as some kind of busy body, she usually has nothing to do with the events and she isn't anything to do with the paper. I think it's just ASDA trying to make it look like they are helping the community, especially after local butchers etc accuse them of damaging the local community...
#14
col
Been told by ACAS its sex discrimination and she has to contact equal opportunities to find out more but they are closed at the moment.

Hopefully find out more tomorrow.

Col


Wow...Sounds like you have a case. Good luck col and cols OH.:)
#15
Just quick update.

Equal opportunities think she has a case to and now has to write to employer with official complaint.

She is phoning the TGU today also to join so hopefully they will be able to help her out along the way :-)

Col
#16
Best of luck Col's OH :thumbsup:

If you work at a supermarket, you are not an employee to them. You are just a number! :? This is from past experience...
#17
thanks birdyboy.

Your a little confused tho but I will take the blame for my post being hard to understand lol, OH works for council not a supermarket :-)

Col
#18
Aaahhh, i see!! lol, too early for me! :oops:

But its true about the supermarkets tho! :giggle:
2 Likes #19
col
Can anyone tell me what laws govern councils when recruiting please.

i.e do they legally have to advertise vancancies?

any links really appreciated

Thank you

Col


All posts have to be advertised whether they are advertised internally (via noticeboards/e-mail etc) or externally. Some council's have certain rules about posts being advertised internally before they go external.

Some posts that did not exist before can come about from a restructure. Staff are either assimilated into post or given the opportunity to apply for the post - again the post should be advertised internally if the assimilation process is not used. If there is no interest or suitable candidates internally then it can be advertised externally.

With regards to maternity, I think a previous poster covered this. Basically your other half should have been offered her old post on her return OR something of a similar nature IF that post was no longer available.

Some councils are really good on maternity and bend over backwards to help returning employees and some are complete "replace with an expletive". My sister works for a council and she came back from maternity 12 months ago and they made it as difficult as possible for her!

Good luck to your other half and hope she gets somewhere with her case.

Jon
(council worker!)

PS - pm me if you want to know anything else that could be of use or help
2 Likes #20
Hi. I worked as a senior manager in local government for 15 years so can help a little. The post above is a pretty good summary, actually.

Generally speaking all posts have to be advertised externally. This is due to equal opportunities laws. Most councils, in my experience, outside of London and the bigger cities, have a very poor representation of ethnic minorities and management, in particular, is still largely comprised of white men. This can't be improved unless posts are advertised externally.

We had to advertise every post externally, though, in my experience, often this was just for show as an internal candidate was already pencilled in. Interviewers needed to keep detailed records of the interview showing their reasons for their choice in case of challenge. Again this varied between interviewers.

As the post above says, there are exemptions for restructuring when staff are in danger of redundancy, when certain posts can be 'ring-fenced' and only have to be advertised externally after existing staff are given the opportunity to apply.

Personally, I would ask the person responsible for the decision to explain clearly to your OH, in writing, the reason why the post was not advertised externally and why her job has been changed on her return from maternity leave.

You may get a decent clear & legal explanation, but more likely you will get something in writing that you can use to take the case further.

I think that you will find that groups like Unison and Acas will usually suggest this course of action first and only take up your case if you are not satisfied with the reply.

Give the council a deadline to respond so that they don't delay. Council officers tend to pull their finger out when a councillor gets involved so it is worth contacting the senior councillor (job titles vary - head of council perhaps) once you have had the written explanation and if you are not happy with it.

There may be a proper explanation, but it is more likely that someone has done someone else a favour and messed up. Either way your OH deserves a proper explanation.

Hope this helps
#21
Thanks for that merlin appreciated:)

Col
[helper] 2 Likes #22
merlinthehappypig

Personally, I would ask the person responsible for the decision to explain clearly to your OH, in writing, the reason why the post was not advertised externally and why her job has been changed on her return from maternity leave.

You may get a decent clear & legal explanation, but more likely you will get something in writing that you can use to take the case further.


If they refuse to explain their decision make a formal request under Freedom of Information. I believe they will have 20 days to respond to this request even if it is just "we are collating the material". They will not be able to divulge any personal information but I can't see why they can't explain why the post has been "re-structured". This should include any internal emails exchanged about the post. The FOI contact should be on their website.

Most organisatons take FOI very seriously and if they don't cough up or they withhold information (without good reason) you can report them to the information commissioner.

Good luck
#23
thanks for input gari189.

appreciate all the help and information so far:)
#24
gari189
Most organisatons take FOI very seriously and if they don't cough up or they withhold information (without good reason) you can report them to the information commissioner.

Good luck


Col

If it gets that far then the link below will be a good starting point

http://www.lgo.org.uk/

The good old Local Government Ombudsman:-D
#25
Hi, do you know what these will be able to do in my OH's case?

Thanks

Col
#26
col
Hi, do you know what these will be able to do in my OH's case?

Thanks

Col


The ombudsman act as an arbartory(sp?) body between a local authority and whoever has made a complaint against the local authority (and a satisfactory conclusion hasn't been reached).

Unless you make a complaint against the employer then i don't think these will be able to help in the first instance.

If you go down the lines of the Freedom of Information Act and don't get anywhere, as a previous poster has advised, then these folks can get involved.

As a final thought (no I'm not Jerry Springer), the ombudsman can also investigate potential malpractices by councils;-)
#27
I've been out of it for a few years, but I don't believe that the ombudsman will get involved in an employment dispute from a council worker. His main role is looking at maladministration by local authorities for the general public.

It it might be another possible option, but the ombudsman certainly never gets involved until all other normal council procedures for investigating complaints have been used up. He is a 'last resort' much like OFCOM.

You have nowhere near enough evidence at this stage to support a formal complaint to anyone. Get the council's explanation in writing for both the lack of advertising and the job change and take it from there. You don't need the Freedom of Information Act for this, it is a basic right under UK employment law and local authority 'best practice'.
#28
:thumbsup:

Thanks to above replies to my question

Col

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