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Want to make a fixed-term employee permanent - do I have to advertise the post?

9 replies

habbibu · 26/01/2013 21:14

I'm chair of a small playgroup. We have 4 members of staff, who all work on a part-time basis. One member of staff is off on maternity leave until Easter, and her post is being covered by someone (who I'll call A) on a fixed-term contract.

At the end of December, another member of staff (B) had to resign, and we're now looking to fill her post. A is ace - the staff, parents and children love her, she'd like a permanent post, and ideally we'd just appoint her to B's post.

I spoke to the lawyers (without mentioning A), about whether we had to advertise B's post - they said we simply had to follow our own procedures. Now these, we appear to have adopted wholesale from the Scottish Pre-School Play Association, and they state we have to advertise posts as widely as possible. I really am all for equality of opportunity, but it seems a bit mad that we have to go through a whole recruitment procedure when it's a 16 hour a week job (possibly even less, depending on numbers of children), we have a brilliant candidate who wants the job and will hit the ground running.

Given that A is on a fixed-term contract, do we have to offer her the job anyway, as she'd be facing dismissal at Easter anyway, or would she have to have been with us for 2 years for this rule to apply?).

OP posts:
tethersend · 26/01/2013 21:53

I think, but I'm not sure, that you can advertise it internally.

That would be 'as widely as possible' wouldn't it?

habbibu · 26/01/2013 22:02

I'm fairly sure that the stupid bloody guidelines state something about external. It is mad - everywhere else I've worked there's been an internal recruitment process, but because we adopted these policies (Before My Time) we have to adhere to them. Which is just bonkers.

But thank you very much for answering!

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AgentZigzag · 26/01/2013 22:02

I always thought you had to advertise all vacancies, but when I was jobseeking not long back there were loads in a local NHS place which clearly stated that preference would be given to employees of this other NHS place (is it called ringfencing?)

But what about promoting her? Could you do that? Change the job title/few of the duties? That's probably illegal, I've got no idea about the contract bit Grin

habbibu · 26/01/2013 22:05

No, the lawyer said we didn't (by law) have to advertise, just adhere to our own stupid policies. I suppose we could rewrite the policy, but in the reducing hassle stakes that's not great either. Bah. Maybe I'll stick a poster in the hall, one in local cafe and pray that no-one else applies?

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tethersend · 26/01/2013 22:22

Well, in that case, it may be time to take out a small ad in The Horse and Hound Wink

habbibu · 26/01/2013 22:24

Oooh - there's an idea. Although we are quite rural (worries)

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tethersend · 26/01/2013 22:40

Elle Decoration?

Yours?

Cats and Catcare?

OddBoots · 26/01/2013 22:47

The number of times I have seen a job advertised with a very specific list of essential skills/qualifications/experience. It's quite clear it's been written with someone particular in mind...

habbibu · 26/01/2013 22:54

Indeed, Odd - and that's what bothers me, really. It seems so dishonest and unfair to advertise and interview when we know exactly who we want. Bah. I'll just have to put a really short date on it and stick it to the outside of a phonebox on a rainy day...

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