Do We Need To Advertise For Staff For New Day Opening?

[Guest]

Hi, does anyone know the employment law on whether we are required to advertise a post externally? We're hoping to open an extra morning, and already have a couple of staff who've said they will cover this. But today a parent approached me and said she'd very much like to apply for any new job. Are we legally obliged to advertise and interview anyone who wants to apply, or can we just go with the two staff we've got to save adding more people to our already full team (we only open 4 mornings and have lots of people who only do a few hours each).

 

Thanks in advance for anyone's advice.

[Beau]

You only need to advertise if you need to take on extra staff. If you can juggle your existing staff then there is no need to advertise, as all you are doing is changing their hours.

[Inge]

we just increased hours for existing staff... we often don't know how long a post or extra staff will be needed and they understood that it may only be temporary, we felt it was not a new job unless we did not have enough staff to cover the hours.

 

Inge

[HappyMaz]

Is it actually stated in any law that you must advertise a post? I know it is good practice to do so to ensure equality of opportunity, and may be in the policies of the setting - but is it actually illegal not to do so?

 

Maz

[HappyMaz]

Is it actually stated in any law that you must advertise a post? I know it is good practice to do so to ensure equality of opportunity, and may be in the policies of the setting - but is it actually illegal not to do so?

 

Maz

 

Obviously I thought this point was so worth making I did it twice! Sorry - was distracted by offspring wanting lifts...

Edited February 27, 2009 by HappyMaz

[Guest]

I agree with Beau, the extra session would be an extension to the current staffs hours. However, if any addition to the service creates a 'new role' ie: administrator then I think that this would need to be advertiesed. (but I may be wrong)

 

Good luck withyour extra session. Don't forgt to tank the parent for her interest and maybe ask her for a CV to place on file, or if she's interested in volunteering / training opportunities etc.

 

In my staff contracts I stated that staff would be employed for between 16 and 40 hrs per week, this enabled me to address quiet terms and busy terms when planning staffing hours.

 

Peggy

[Guest]

Thanks, that's all really helpful.

 

The only issue I feel is that one of the staff who is willing to help us cover the extra time is 'bank', i.e. she just covers as and when rather than being a permanent member. Does this have any implications in terms of advertising.

 

Good advice to ask the parent to give a C.V. for future posts, I have a feeling this is going to become a little bit political from the way she approached me. Eeugh! I hate village politics.

[Guest]

Is it actually stated in any law that you must advertise a post? I know it is good practice to do so to ensure equality of opportunity, and may be in the policies of the setting - but is it actually illegal not to do so?

 

Maz

 

Obviously I thought this point was so worth making I did it twice! Sorry - was distracted by offspring wanting lifts...

 

 

I found a PDF guide on the ACAS site HERE (4th item down list)

 

It suggests internal recruitment as a means to fill job vacancies. I haven't been able to find anywhere that non advertising is against any law. However, I think you have to be careful, to safeguard against allegations of discrimination, if for example I give a job to one of my staff and another member of staff leaves complaining of discrimination ( of whatever sort she percieves it to be) because she wasn't offered a chance to apply for the job I might find myself in trouble. I may not be able to prove that I didn't discriminate.

 

Maybe someone who is a member of the PLA can ask advise from their legal department and share the info with us here.

Anyone?

 

Peggy

[Guest]

Thanks, that's all really helpful.

 

The only issue I feel is that one of the staff who is willing to help us cover the extra time is 'bank', i.e. she just covers as and when rather than being a permanent member. Does this have any implications in terms of advertising.

 

Good advice to ask the parent to give a C.V. for future posts, I have a feeling this is going to become a little bit political from the way she approached me. Eeugh! I hate village politics.

 

 

We (as in employers) tread on thin ice.

 

Asking for the CV may help her to feel that you are treating her in a professional manner, hopefully she will reciprocate this. Village politics, now that's a whole other issue.

 

Good luck.

 

Peggy

[Beau]

I have just asked hubby about this, and he says there is no law that states you have to advertise externally for any position. Do I take it that the 'bank' worker doesn't have any sort of contract with you? Even so, I think you could rightly argue that it's unwise to take on extra staff until you have run the session and deemed it viable.

 

The only other thing is to check if you have any policies on Staff Recruitment which may put a spanner in the works!

 

Village politics was one of those things I happily left behind me when moving last year and one of the reasons I have kept my head low since living here!

[Lyanne]

Given your situation, theonly reason I think you'd need to actually advertise for additional staff is if you'd identified a need or desire for new skills eg someone with makaton training/billingual staff etc. But then you'd be advertising saying 'This quality is essential/highly desirable/an advantage'.

 

Of course, if you did advertise like this and parent applied, not having the skill and was not appointed... but the existing staff member took on the additional session also not having the skill... that would cause trouble! (Unless you could demonstrate that the staff member was already training for the skill.)