I'm a civil servant and we have been prevented from applying for internal vacancies that would give us more pay and better conditions because our department says it cannot afford to release us.
Is this legal? What, if anything, can we do? Some people had already applied before the ban but we have been told they will not be released.
(A.B, 27 May 2009)
A.
Hello and thank you for your question. Without wishing to sound entirely unhelpful, I have to say that this is a very grey area.
While your employer banning you from applying for internal vacancies does not seem very fair, it does not seem 'illegal' either. However, that's not to say that it is 'legal', rather than this particular situation has yet to have a Tribunal to challenge its fairness.
Being told that you are 'banned' from applying, in its very nature, seems unfair. Being 'banned' from anything has a 'human rights' aspect to it that is often able to be challenged. So, really, it is unlikely that you are actually 'banned' from applying for internal vacancies on a legal level, rather that your employer does not want the hassle or cost of recruiting someone to take your place.
This would suggest that you are perfectly entitled to apply for the other positions – especially as not applying could be seen as allowing yourself to restrict your career in some ways – so if you feel you match the person specification and the job description, I would go right ahead and apply, taking your career bull by the horns.
That said, I would imagine that applying for the position and thus 'defying' whoever told you that you were banned from doing so, you are rather putting yourself into the fire. On a very basic level, you've been told not to do something and you've gone and done it! So while you are entitled to apply for the job, and are quite likely to be totally suited to the job (you know the company, the company culture, the role, the clients etc, etc) how much would you really want it?
You could battle through the recruitment process and, if you're lucky, get the new job. But you'll probably really irritate your employers, that's if they even give you a fair try. Don't forget that the majority of internal vacancies are offered simply for administrative purposes - they're often already filled, but union agreements and employment law mean that they have to be advertised.
In reality, your employers are telling you not to apply because they've already got someone for the job, so not only will you not get it anyway, but your application will give them an extra task to deal with.
I appreciate that doesn't sound very positive. It's possible that this is just the situation with this particular vacancy. It's worth saying to your boss or line manager that you feel ready for a new challenge and that you're keen to hear about new internal vacancies that you can apply for. Then at least they'll know that you're unlikely to sit still in the same job forever, even if it does save them some paperwork!
Speaking for daughter in Law. When training for a supervisor role can this be stopped because you've found out your pregnant. Also can they refuse time to attend hospital appointments?
Jules - 5-Jan-19 @ 7:00 PM
What if your line manager stops the application process after you have applied, but not discussed this with you?
Dojm - 4-Oct-18 @ 8:58 AM
if I take two weeks off from work to do a job trialat a new company
somewhere else can my employers sack me for it
l - 23-Sep-18 @ 3:34 PM
My husband has been told he is not allowed to apply for the job he has been doing for the last 2 years, instead has to return to a previous role. They have only opened the application up to certain departments and he is in a different department. He implemented and developed the role and it has done so well they want to roll it out permanently. Does he have grounds for discrimination?
Set - 15-May-18 @ 8:25 PM
Muchloco - Your Question:
Can my employer reduce my annual leave allowance because I was signed of sick by my doctor
Our Response:
No, your employer cannot request that you use holiday leave in place of sickness leave.
WorkingRights - 16-Jan-18 @ 2:17 PM
Can my employer reduce my annual leave allowance because i was signed of sick by my doctor
Muchloco - 15-Jan-18 @ 9:37 PM
Legz- Your Question:
I am having an issue with my current employer and I'm not sure if it's legal or not. A couple of weeks ago I informed my employer that my household situation had changed and I needed to look for a better paying job to stay afloat. Because of this they reduced my hours from 40 hours a week to 16 stating that they needed to make sure they were covered when I left. Can they do this?
Our Response:
I think in this case you will need to give ACAS a call to find out whether you have any options.
WorkingRights - 11-Apr-16 @ 11:57 AM
I am having an issue with my current employer and I'm not sure if it's legal or not. A couple of weeks ago I informed my employer that my household situation had changed and I needed to look for a better paying job to stay afloat. Because of this they reduced my hours from 40 hours a week to 16 stating that they needed to make sure they were covered when I left. Can they do this?
Legz - 10-Apr-16 @ 4:04 PM
Everytime someone at my company looks for a new job they get an official warning a few weeks after and get "Didn't do their work properly" as a reason, is that legal when you're on a permanent contract?
Shan - 1-Feb-16 @ 9:07 AM
@S-reg - There is no legislation in place that says your employer has to provide you with a reference (unless you work in a regulated industry). It may specify in your contract whether your empoyer is contractually obliged, so it would be worth looking it up. If your employer is contracted to give a reference, then they must be truthful and must not lie or mislead. However, it is understandably a very tricky position for you to be in. Have you worked for any other companies that you might be able to get a reference from which your new potential employer may accept?
WorkingRights - 3-Dec-14 @ 12:14 PM
Hi
My current employer has a gentlemens agreement in place with a supplier that says they will not poach each others staff, however there is a job that has come up with the supplier that I really want, the supplier has agreed to interview me on the proviso that my top boss gives consent, and whilst my boss has said I'm free to apply, he will not communicate in any way shape or form with the supplier thus halting me in my tracks. Where do I stand with this please?
S-reg - 2-Dec-14 @ 3:58 PM
I'am a contract supervisor for a nationwide contract, the area i look after at present is from Peterborough down to Landsend and north London east Anglia Kent and east Sussex,
my engineer that covers Devon and Cornwall give his notice in on the Friday the 12th September 2014, I emailed my contract manager, making him aware on Tuesday 16th September thatI would like to be considered for the poison, the job has not been advertised anywhere. the manager has got back to me today telling me he hasan agency worker to fill the vacancies from the 6th of October and make him permanent after 3 months, is this legal without advertising the vacancy?
bowdi - 24-Sep-14 @ 3:24 PM
I have applied for an internal vacancy but as someone who will otherwise be made redundant has expressed an interest I have been told my application will not be considered. Do I have any rights or does the person being made redundant have to get the position automatically.
LF - 16-Apr-14 @ 9:27 PM
my employer has reduced my working week from 37.5 hours to 20 hours. is wife and daughter both receive wages from the firm but are not affected by any cuts. Last year for a period of 8months he cut 10 hours from my contractual ours but again no one else was affected. Is there anything I can do as I feel that others should also be affected by the cuts
bc - 2-Apr-13 @ 7:49 PM
I asked to go part time because of family problems. Things started changing cutting jobs we were told that we had to apply for the jobs that were available but no part time jobs but if we applied for a post and didnt get the job we had to go on the redeployment register for 3 months and take a job that was olffered within in the council but not allowed to apply for a job else were and not allowed redundanycy money I applied for volluntary redundancy I got a letter telling me how much I was entitled too but my doctor put me on sick because of stress and anxiety how long am I allowed too stay on sick and will I stil be allowed volluntary redundancy.
eyore - 13-Feb-12 @ 10:33 AM
My hours are being reduced after 16years loyal service, as I don't wish to leave I have requested I seek out extra employment elsewhere but I have been refused permission (to subsidise my lost salary) is this legal? Reason given- it has been tried and tested but too many problems arose with employees not being available for sick and holiday cover.
jinny - 17-May-11 @ 10:35 PM
I work at a distribution centre for wincanton asda and certain internal vacancies are not advertised is this legal?
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