Internal appointment rules

[ITWombat]

What are the rules regarding internal appointments? Can employers fill a post using a pool of existing employees only if the appointment is a temporary one (e.g. to cover sabbaticals or maternity leave)?

[jcollings]

We advertise vacancies internally from time to time -usually when SLT have someone in mind for a job.

[CyberNerd]

It is perfectly acceptable for an employer to second somebody into a temporary position. If the position is permanent then they would need to advertise the job (internally or externally) so that everybody has an opportunity.

If the permanent position is not advertised and somebody is appointed it would likely be in contradiction of the employers recruitment policy because it obviously wasn't an equality proofed exercise.

[j17sparky]

When i got my job i was told it had to be advirtised externally. They may have been mis-informed or lieing though, im unsure of anything they say now.

[ITWombat]

If the permanent position is not advertised and somebody is appointed it would likely be in contradiction of the employers recruitment policy because it obviously wasn't an equality proofed exercise.

Ah, so it isn't illegal to appoint a permanent post internally just not advisable.

[jcollings]

Ah, so it isn't illegal to appoint a permanent post internally just not advisable.

Not sure why it wouldn't be advisable. We had a cracking admin person who changed jobs to learning mentor on the back of an internal appointment and she's superb at the job.

In past jobs I've appointed internally a fair bit - it means I get someone in post who I know will fit in.

[SimpleSi]

Schools generally do what they want to do, if they want a person they either advertise externally, advertise internally or just appoint without either.

I was told by a knowledgable school secretary that the only posts that have to be advertised are headteachers.

If you feeling aggrieved about an appointment, you could check if the school has a published policy on this matter (but even if it has - check small print for exceptions at the discretion of the headteacher/governors )

regards

Simon

[muppet]

example: A person is signed off long term sick. The role can be filled internally on a temporary basis. If that person then retires on ill health grounds and you have been filling the post for 6 months or more you can / will be taken on in that role on a permanent basis without the need to advertise. This of course is down to the discretion of the Head and Governors.

I know this to be the case as it happened to me. I wasn't sure of the legality of it so I contacted the County HR department and they confirmed that it was correct.

[ITWombat]

If you feeling aggrieved about an appointment, you could check if the school has a published policy on this matter (but even if it has - check small print for exceptions at the discretion of the headteacher/governors )

No particular grievance in my case. Employment practices in the public sector are normally very regulated I was just expecting more rules regarding the permissibility of internal appointments.

[TechMonkey]

I think to cover themselves some heads stick a post it note on the gates. They can then state they advertised externally. Ok slight exageration on the post it note but an A4 printed sheet.
Apparently covers any come back.

[CyberNerd]

Ah, so it isn't illegal to appoint a permanent post internally just not advisable.

No it isn't illegal, but discrimination is illegal. The LA will have an employment policy and will want to see the rules followed. The reason they have an employment policy is to protect themselves from litigation.
An example would be if somebody (female*) was appointed to a position but a man who was better qualified was not given the opportunity to apply- if the job was not advertised then the man could make a grievance on the grounds of sex discrimination.

* substitute old/young/gay/black/religious/disabled

[CyberNerd]

I think to cover themselves some heads stick a post it note on the gates. They can then state they advertised externally. Ok slight exageration on the post it note but an A4 printed sheet.
Apparently covers any come back.

they might think that it would cover any comeback. But in an employment tribunal it wouldn't fool anybody.

[SpecialAgent]

As I understand it, schools only have a legal requirement to advert internally for posts, there is no legal requirement to advertise externally

If you can hire with your own internal resource then all the better but of course the person needs to have the skills to do the job so opening up to external candidates is a good idea if necessary

[witch]

I am a governor and have been told that it is up to the LEA to set the rules - ours demands external adverts even for jobs that we know we can fill internally - due to worries about discrimination etc. I do understand but it seems hard on the poor guys who come along for an interview, all bright eyed and bushy tailed, and have little or no hope of getting the job.

[CyberNerd]

I am a governor and have been told that it is up to the LEA to set the rules - ours demands external adverts even for jobs that we know we can fill internally - due to worries about discrimination etc. I do understand but it seems hard on the poor guys who come along for an interview, all bright eyed and bushy tailed, and have little or no hope of getting the job.

er, hello.
In one sentence you say you follow LA rules by publicising external adverts and in another you say you disregard the selection process and give the job to the candidate you pre-selected.
The point of the selection process is to ensure that the candidates that score the highest in teh selection process get the job. Not so its an old boys network.