What does the law say?

[tehozod]

Comprehensive school, part time teacher is/was required. Last year one person applied for the job, (twice) job advert was open for 6months+.
SLT clearly didn't want the only applicant, but at the end they had to employ them. (1 year contract)
Turns out, (as it was suspected) that is no classroom management, completely unorganised, breaking down in tears frequently, etc.

Job got advertised again. What now? Does the school have to advertise the post by law? What if the same person applies again? Any employment lawyers here?
Many thanks

Thanks for the reply. Not sure why was a one year fixed term contract, you could be right and it was a try before you buy scenario....

They were in a position where they needed a teacher. The only applicant in a six month recruitment campaign was, in their opinion, not really suitable but they needed somebody to teach the children so they appointed on a ftc. They were correct in their opinion that the teacher was not competent, evidenced by their performance.

What is stated on the statement of particulars regarding the reason for the temporary status?

Have the school put in place performance management process to deal with under-performance?

There is no law requiring an employer to advertise vacancies.

If this person applies the employer simply rejects their application. There is no law requiring them to interview all candidates, still less to employ someone they know to be unsuitable even if they have employed them before.

Given the person has less than two years employment it is irrelevant why they haven't extended the contract - they are not obliged to, and nor are they obliged to provide a reason. I am a little perplexed exactly what additional rights you think someone on a one year fixed term contract has, because they are unable to claim redundancy or unfair dismissal any differently from any other employee.

Since anybody can be anything they want on an anonymous site, making advice look more "authentic" by claiming a specific authority is pointless and can be misleading. It doesn't mean that the advice is correct.

OP - on what basis are you asking? Nobody has to advertise a position. They don't have to interview anyone they don't want to. And what they do about the vacancy is their business. You don't seem to be the applicant, and I would assume that the SLT know what they are doing or getting appropriate advice. So why does it matter to you? Genuinely curious as to what the question about all this is.

As above, the PP who claims to be an HR Director is mistaken if they think FTC staff have different rights that perm staff. You only have full employment rights after 2 years service regardless of being FTC or not. Take your piss off the boil.

No, no one had to legally advertise any job opening. Some organisations may have it as a policy but there is no law. And they can reject the person if they apply for the job as long as it's not based on a protected characteristic. So they can reject because of poor classroom management but not because they're a Muslim or a lesbian or pregnant.

Why do you think someone who's been fired would be applying to work there again in the same role?