Anyone know the law on having to advertise jobs?

[nh101]

There is going to be a reshuffle where I work. My boss is leaving and someone who used to be junior to me has been promoted over my head into her position. I think it is because my junior member of staff hasn't received a pay rise whereas they know that if they had offered the position to me I would not have taken it without a raise. I did my boss's job for 10 months last year and fought hard for payment for it (eventually won £2k) so they know I wouldn't do it for nothing.

Also I have just been PG and had a miscarriage and of course they know I will probably have a baby soon.

Can they do this without advertising the position and allowing me (and the junior member of staff and anyone else who wants it) to apply for it?

I don't even think I want the job but I am a bit naffed off to have been overlooked like this.

Have they got a recruitment policy - formal in writing that is? Check with HR. It should cover the process of advertising or just appointing who they want.

There isn't a law unfortunately, its just covered under 'best practice' and anyway even if they advertise and show that they are going through a fair process they can still select who they want so its not foolproof anyway.

You could put in a grievance but if you didn't want the job, what will you gain from that?