Job not advertised

[pullthecracker]

Recently someone went for promotion in a different company, they didn't get the job that they applied for, but were offered another completely different role of the same wage. This role has not been advertised and nobody was aware that it was up, can they do this? Sorry for being vague, but don't want to out myself.

Yes. Companies are not required to advertise vacancies.

There is no legal requirement to advertise a job (unless it is a massive EU contract but that doesn't normally apply to individual roles) although the company may have best practice guidelines that say it will normally advertise (perhaps internally first) for vacancies.

Even large public sector?

Yes, anyone.

Some have voluntarily agreements with staff/Trade Unions that they will advertise, but it's not a law.

Why is it a problem?

Many job adverts (even internally advertised) can be a tick in the box.

Not always of course - some can be because they cannot find the right person so need to cast the net wider.

Often, however they already know who they want so they advertise to show compliance and to double check there isn't another more perfect person out there

No legal requirement either way.