New job role created for one person - is this fair?

[Rightorwrong23]

Work have created a new job title/role which didn’t exist before. It comes with a payrise, better working hours and option to WFH (something none of us can do due to nature of the job). It’s a blend of two different roles and one which most people at work would love to get promoted to.

This job has been handed to a colleague and as such they have been ‘promoted’.

This role was not advertised internally or externally for anyone else to apply for. The person hasn’t currently got adequate training but does have experience - something we all have - so isn’t in any better of a position ‘on paper’ than the rest of us.

Are work within their rights to create and allocate this new role to one employee, without giving the rest of the employees a fair chance in the form of an interview or application process?

No, the role should be advertised initially internally and then externally to allow recruitment of best candidate
what your described is a bespoke role intended for one person,and that excludes other colleagues
Plus the T&C are more advantageous

Isn't that illegal?! Or surely against policy. Don't all jobs have to be advertised on your organisation? I'd contact hr.

Depends on the sector, surely. In the private sector as long as they’re not discriminating on the grounds of a protected characteristic they can do as they like.

Thank you both. Thats exactly what has happened and, like you’ve said, doesn’t sound right (or feel right for us who weren’t given the opportunity). I’m not sure how we would even broach the subject with management without causing huge problems, considering they are the ones who created the role!

It shouldn't be allowed, but these things happen and by mentioning it or questioning it you'll be the one who's seen as the issue and not a team player because 'reasons'!

Are you public sector or not?

Seek advice union or HR, get briefed prior to raising it
Dont personalise it, it’s about the role,transparency & acccess not the individual appointed

I would put money on it being created for that employee because they have been offered a better job elsewhere and threatened to leave..

Assuming it's private sector it's perfectly legal.

Ie I wanted to go part time so my old role was advertised and a new one created for me.

Now if redundancies also occurred that's different but assuming you'd have mentioned it applicable.

What?! If it’s private sector they can do as they please!

As others have said, this is completely legal (assuming it’s private sector).

do you have regular career discussions with your manager? Might be worth scheduling in a 1:1 with them to make it known you are keen to progress, and want to know about how you can do so. Don’t wait to be handed an opportunity, you need to go out and find it.

Of course "fair" is a different thing but much of life isn't fair as such. But at work is legality not fairness mostly that rules (Ie enough staff complaining to make management rethink or risk mass walk outs)

Same thing happened to me, I wanted to work part time, they didn't want me to leave so created a role. Why would that be illegal?

A few years ago my organisation did this alot- then there was a call from above that ALL roles must be advertised internally. Obviously this then means everyone has a stab at the role but not everyone will be shortlisted so the person the job is designed for will go through the relevant processes.
But it could be a shortlist of 1
It's all a big show though and a waste of time creating an advert/posting it internally/ etc and may as well just give the relevant person the job!

Not in any way illegal. But foolishly to stir up resentment like that.

Happens all the time

Agree

If it's private sector it could still be illegal if it could be viewed as discrimination on the grounds of a protected characteristic. It may have also gone against company policy, so do check these.

If the colleague, for example, was the only man in the team being given a special role then there would be a case there.

I would seek union advice. I'd also start looking for a new job.

Probably not, but if they have this person in mind all they'll do is advertise it, let people apply and interview; then give it to that person anyway

Yes that definitely happens

Yup. This is far worse. When you spend hours putting together a public sector job application to find out they’ve had someone acting up in the role for two years already 🫠

Yep, this.

OP that's nothing to be gained by kicking up a stink about this. If you're not happy, vote with your feet.

Was the role needed or created as a bespoke position for that particular person with their needs in mind?;is there a reason they would need to WFH?;could they have health issues and their role needed adjusting or a new role creating as the previous one didn't allow them to work according to their personal needs?

There's potentially a lot you and your colleagues might not know here.

We’re a private company who run a public service. We’re employed by the company though so i suppose that’s private?

I’ll watch it play out 😄I imagine this will cause a ripple effect - others have already made it clear they aren’t happy!

Even if it is legal, it’s pretty demoralising. Thanks all

So they have promoted someone, with slightly different responsibilities than they had before, and given them a new job title.

Happens all the time in the private sector. I've had a job role created around me. I sent in a cv on spec, they saw it, decided they wanted me to work there, and gave me a job. When I arrived, I discovered that it was up to me to decide what to do and how to do it.