Can a HT just 'give' a role to someone without advertising it?

[junkfoodaddict]

It has been brought to my attention that the role of 'Assistant Head Teacher' has been given to a member of staff without the role being advertised externally or internally. I am apparently not supposed to know this has taken place but was wondering if this is legal?

Can't say much else as this may 'out me'. But the teacher who was offered has apparently accepted. She is less experienced, on less pay and more 'impressionable' and easily persuaded than the teacher who actually wanted it who is out-spoken and not afraid to offer 'alternatives' to what the HT is suggesting as well as being a union rep.

So much I would tell you that would be relevant but I'm afraid my HT may see this as she knows I am on MN.

As far as I know, I am one of only 3 people who know this who shouldn't!

Do you work in an academy?
My hd does and the head does this all the time.

My dh not my hd....sorry

I would assume it is legal on the basis that I have known it happen before in more than one school. So if it isn't legal it is certainly common.

can be shit though, sorry!

No, we're not an academy. It has/will create a lot more discontent in the school. tempted to text my friend on the governing body to see if she knows anything about this.

I think the only jobs that legally have to be advertised are heads and deputy heads. Whether other roles are advertised I think is a policy decision made by the governors.

I thought all jobs had to be advertised, even if it was just a note put on the staff room wall?

Sounds like a ridiculous secret- as soon as she starts the role everyone will know? This would never happen at my school.

The only job that has to be advertised is deputy head and above. legal yes. ..moral maybe not

It's true - they only have to advertise head and deputy!

it can be challenged by anyone if it felt that the process has not been transparent and has denied them an equal opportunity to access career advancement opportunities. it is good practice to at least advertise internally.

"Although equality law does not require you to advertise vacancies or opportunities for promotion either inside or outside your organisation, doing this may help you avoid unlawful discrimination.

For example:

An employer promotes a male worker to a post without advertising the vacancy internally. There are female workers who are qualified for the role and would have applied if they had known about it. They have missed out on an opportunity and if they can show either that the employer ignored them just because they were female (which would be direct discrimination) or applied a requirement to the role which had a worse impact on the female workers and which the employer could not objectively justify and this was why the employer did not consider them (which would be indirect discrimination), then the employer may find themselves facing a tribunal claim."

OP, I really think that you need to be careful with what you post about this.
Your initial post shows a fair amount of bias to the person that has gained the job.

Your friend doesn't sound like a particularly suitable candidate and if this is what they have told you it is just hearsay, also if your friend is the union rep they should be up to date on practices surrounding promotions/jobs, why are they getting you involved?

I am also concerned about your post
"It has/will create a lot more discontent in the school."

Why will it cause discontent within the school? from what you have posted it only affects one person are they going to cause problems within the school?

As for calling your friend (on the board) what are you expecting them to do? if it goes any further surely they will be excusing themselves from whatever action is taken as they have a personal interest.

If your "friend" is really bothered about this then they should take it through official channels.

BoneybackJefferson My 'friend', as you call her (I never said she was a 'friend' but a colleague) is very well qualified and suited to the job.

HTs are by no way the person that knows best and need the support of their SLT in making decisions, even if that means telling them that they are making a mistake/is wrong as long as they can back up their argument with justifiable reasons. For what it is worth, the HT was TOLD by OFSTED that she needs to delegate more - a directive given because she doesn't actually listen or act upon advice. There have been plenty of glaringly obvious things happen this week in which colleagues offered alternatives to her suggestions and we were all left open-mouthed when she rejected the advice and gave absolutely no reasons whatsoever as to why she was rejecting them.

Why would you 'be concerned' about what I said about it causing discontent?!?!?!? It isn't as if a massacre or a rebellion would take place!!!!A bit 'far fetched' emotional response is it not???

It will cause discontent because nobody else has had a FAIR chance of applying for the role; everyone (apart from the colleague over-looked) knew nothing about the role being made available. This person has been cherry picked for reasons I cannot go into because it WILL out me. But I am perplexed as to why you think everyone would be 'cheesy-grinned' (my words, not yours) and happy about an excellent career opportunity they have missed because they were not given the opportunity. It flies in the face of very bad manangerial skills and 'people'skills and quite frankly shows a lack of respect for the rest of the staff. Past HTs have ALWAYS advertised role internally and asked candidates to sit through an interviewing process to enable them to choose the right person for the job. Observations and book scrutinies don't tell you everything there is to know about a person's capabilities or willingness to, for example, be the next key stage coordinator.

The 'friend' I did text is NOT the colleague who was passed over on the role. I text her to ask if the role being offered and accepted had been raised at the governing body and it had not. The governing body was told a position would be made available in the future but no decision had been made.

And yes, the colleague IS taking this through official channels. I wanted to know if it was illegal.

What has happened will not affect the working realtionship I have with the person who been given the role. Despite me saying she is 'impressionable' and 'easily persuaded', she is a lovely person, a fanatastic teacher and not afraid to voice her opinions in private - it is just that she won't when it comes to the HT; maybe because like everyone else, she knows it's pointless and won't actually change the status quo. IMO, she doesn't have the leadership skills or experience to warrant being best for the role over the other colleague and maybe an interview process (with the CoG as is the case in ALL appointments) would have shown that.

I do wonder if YOU have been in the position of offering a role to someone in your team without speaking to everyone or offering everyone the opportunity to apply for it.

The only person that hasn't had a fair chance (you posted that only she was interested) is your friend.

I am concerned about it causing discontent because you posted that she was the only one that wanted the job so why would anyone else care as long as the person that got the job was suitable.

"Despite me saying she is 'impressionable' and 'easily persuaded', she is a lovely person, a fanatastic teacher and not afraid to voice her opinions in private"

this is different to what you posted up thread.

"I do wonder if YOU have been in the position of offering a role to someone in your team without speaking to everyone or offering everyone the opportunity to apply for it."

Actually I haven't but I have seen it done, it didn't bother me as I didn't want the job.

In short

If your friend is that bothered then it is up to her to make the noise in a formal capacity and not seek to enlist other colleagues from around the school, because if she has a valid point this will weaken her position.

They do it in our (private) school.

Very annoying.

Sometimes they also advertise a position internally that they have already filled with an external candidate then turn down any applicants or give one or two an interview and turn them down after that.

My job was temporary and in order to stay it was advertised in school and I was interviewed. It's just better practice to be transparent.

Boney actually no, EVERYONE hasn't had a fair chance because nobody knows about it. Only SLT.
An impressionable and easily persuaded person can be 'lovely' and a 'fab teacher' and yes, a person can voice their opinions in private but just doesn't feel confident enough to do so face to face with the HT - I know this for a fact because I am like that!!!!!
Fair enough if it didn't bother you but it bothers other people. Just because it doesn't bother you, doesn't mean to say it is fair or 'right'.
Yes you are right it is up to her to make the noise but no, she did not enlist me or other colleagues to make noise for her. I'm enquiring due to my own curiosity and concerns.
Thanks for the replies everyone. It has become apparent that this is 'standard' practise in schools though very annoying, quite immoral (IMO) and certainly doesn't really show good practise for an SLT.
I do know the colleague is seeking union guidance and support over this as well as other matters in our school so it will be interesting to hear form a union perspective.

This is normal practice the world over, and even 'advertising' wouldn't necessarily be 'fair' as only those who see the ad could apply...
Is a much better practise in fact than when (as often happens) a job is 'advertised' and everyone goes through the motions even tho' the preferred candidate was always going to get the job - I have seen this many times, and wastes everyone's time - is far better just to appoint the preferred candidate at the outset.
Welcome to the real world.

"I know this for a fact because I am like that!!!!!"

Just like you know that the only other person interested is your friend?

"I do know the colleague is seeking union guidance and support over this as well as other matters in our school so it will be interesting to hear form a union perspective."

This is good, but I would still be very wary of saying anything to any other member of staff that could be seen as undermining someone in a new position.

totes illegal

complain to govs

It is not standard practice, but poor practice.

I have encountered a slightly different situation where posts were advertised internally but the advert was written so carefully that they were clearly only open to one applicant! People can see through it a mile off and it is poor for morale. Funnily enough, I was never promoted in that school but ended up on SLT after a couple of moves elsewhere....

An AHT post does not have to be advertised externally, but it is exactly the kind of post that should be open to a decent amount of competition from within a cohort of teachers e.g. anyone with some decent subject or key stage leadership experience under their belt should feel able to have a crack at it. Going through that process is not time-wasting, but good professional development for the candidates concerned.

I think that it should be taken to the governing body HR committee.