Job not advertised Internally

LegacyUser

Story goes like this,

I get hired by this company about a year ago onto a 1st line IT desk (although it is 1st line it is not a call centre and is actually quite a technical role)...well although it is usually a quite technical role there is some very distasteful tasks we need to do.

When I took the job I quit a 2nd level position in another company, reasoning was the job I had was heading down the financial markets road which held no interest for me so I explained to my current employers that I was willing to take a step back status wise in order to realign myself for getting into a 2nd level/development position which company can offer.

Coming from a 2nd level role it was apparent that my skillset was way ahead of 80% of the others on the desk, for instance I wrote pretty extensive SQL scripts that automated reports, reports which took up to 45mins to complete now takes about 5mins. I mean real tangible differences, but I've never once felt like I deserve to be moved upwards I always said I'll serve my time on 1st level and when a position opens I'll apply and I should get it.(note that all 2nd guys had worked the desk 1st, natural progression)

I've now heard a rumor (from an extremely reliable source) that a job is available on 2nd level and that there is a pool of external candidates gathered already, and I believe I have found the job posted on Monster.

If this is the case, what case do I have??? I mean is there some sort of legal requirement to advertise a job internally? I know there is an element of 'if' here but I just want to be prepared.

Just to point out that the thing that angers me the most is that they use me to train new people on the desk, they ask me to write SQL scripts, there is no doubt that I am one of the strongest candidates on the desk, are they trying to keep me on it for their benefit?? It is the most idiotic concept if true as I'll be leaving at the first opportunity if someone gets hired for the position.


So is what is happening here:

Totally illegal
Unethical but not illegal
Shut up, you're being a moaning Michael.



I thank you for your time.

LegacyUser

No, you are quite right to be angry about what has taken place within your employment, because I am in a similar situation, except not one, but about 5 positions were all advertised externally, all positions I already told my employer I was interested in going for, but was not given any opportunity to do so.
Anyways, regarding your problem, YES, an employer has to advertise positions internally first, and must give all employee's the opportunity to progress within their employment. A new law or piece of legislation came in in 2006 I think to address this issue. If an employer fails to advertise internally, and just advertises externally, then the employer is breaking this law, and the Equal Opportunities policy.
I believe the way you have been treated is very unfair, and your employer seems to be undermining your expertise, and belittling your knowledge and experience over others. Should it be a case that someone is recruited externally, I would suggest speaking to management about this issue, and putting your grievances across, and also speak to them about the Equal Opportunities Policy. Management, by law have to deal with your grievances. I hope this helps, and Good Luck

Mrs OBumble

Firstly, I think you're coming across as a moaning Michael. Might wanna lose that tone before you do anything else. Even if it's justified, it's just not a helpful tone. And even if they're breaking the law, pointing it out to them won't help you to progress your career!

Secondly, what was said the last time you had a performance review / chat with your manager / however it's done in your company. You have kept your manager informed that you want to move up, haven't you? (Don't rely on them remembering what you said in the interview ... it was a long time ago, and they talked to lots of people who all had career-aspirations, and besides, who really tells the full truth in interviews!)

Thirdly, have you applied for the job on Monster? Why not ...

HTH.

hobochris

JustMary wrote: »

and besides, who really tells the full truth in interviews!)

I Do and it has served me well so far.

Employers find honesty refreshing and will often favor an honest candidate.

the_syco

Unregistered wrote: »

A new law or piece of legislation came in in 2006 I think to address this issue. If an employer fails to advertise internally, and just advertises externally, then the employer is breaking this law, and the Equal Opportunities policy.

Are you sure that isn't just Public Sector?

3DataModem

They do not have to advertise internally first, except certain public sector jobs.

Approach the hiring manager and tell him you are keen to apply for the role and are well qualified.

Not illegal, not unethical. Your post does come accross as a moan, and you come accross as having a sense of 'entitlement'. I suggest you keep any hint of that attitude out of your communication with the hiring manager.

3DataModem

Just reread post - don't mean to sound like a dick, genuinely giving advice.

The_Conductor

the_syco wrote: »

Are you sure that isn't just Public Sector?

They don't have to advertise internally in the Public Sector? The only place this happens as a commonplace occurrence, is heavily unionised places- both in public and private sector- but even that is waning. There tends to be vast pools of external candidates willing to take on positions are significantly less than people far more junior to them. Finance and IT are two sectors where this is commonplace.