Can an employer offer a different position to what you interviewed for?

[Putyourdamnshoeson]

Just that.
It's public sector, so fair and open competition rules.
Lots of newly created vacancies in a small team.
Some candidates were good, but not the best interviewed.
Can they be offered a different role within the organisation without a further application? The different role may be at a lower grade and would definitely have a different JD and essential/desirable characteristics.

Yes of course they can.

Yes, of course. They don't have to take it if they don't want, it's just an offer.

Ok. Was wondering how that squared with open competition. Again, public sector.
Other, potentially better, candidates may have been interested in the secondary offer roles and didn't have the opportunity to apply.

My question is not whether it's fair on the unsuccessful candidate being offered the secondary role, rather on people who would have applied for that opportunity had it been advertised.

That's life isn't it?

Sometimes we only advertise roles internally. Potentially that prevents lots of people who might have applied, applying. The same goes when you use a recruitment agency or a headhunter.

There is absolutely no legal requirement to advertise a job.

Yes. If you think they will be a good fit for another role and an asset to the company then it's a good idea.
They can always say no.

Am public sector. It’s allowed to take from other reserve lists provided the skills and strengths being tested are very similar for both roles. Makes sense to me. Some campaigns now mention this is a possibility.

It will be based on the organisation's process, OP. In some orgs, it would be fine. In others - I guess yours - it might not be.

If the process is that ALL roles must be advertised to ensure fairness and equity, then that's what must happen.

The candidate who applied for Role 1 can be considered for Role 2, if they wish, and interview for it... if they are still the best candidate after the advertising and interview progress for the new role, then they can be offered it.

like others have said, there’s no legalities around it but their could be organisational processes, especially with it being public sector. HR will be able to advise if needed

We are very small and very new. HR is outsourced. They are being cagey and uncertain which is why I asked.
Our management team is made up of public sector lifers with a range of experience and different rules where we were before.
We are woefully light on regulations thanks to reactive leadership.

I didn’t interview for the job I’m in now, but for a different role at a higher level. They rejected me for that, as they had a preferred internal candidate, but offered me a new position.

They ensured it was open for 5 working days to allow people to apply, but didn’t progress with interviews, and instead onboarded me.

As long as there is an objective assessment ie interview and if the position is advertised, you don’t need to go through an interview process for the sake of it.