Q: I am one of 3 secretaries working in the private sector. An additional secretary was taken on and has recently been promoted to the position of office manager. Based on equal opportunities, should this post not have been advertised internally for any one wishing to apply? Do I have an argument especially as I have been an office manager before? The post was not advertised internally or externally. We do not have an HR.
May 30 2006
Answered by: Peter Done Ask a question
Equal opportunities policies may be stated in the contract of employment and if there is a clear procedure for advertising new opportunities which was not observed in this case, you could raise a grievance on the basis that your contractual rights were infringed and if you are not satisfied with the outcome, you could then seek compensation for breach of contract. Alternatively, if there is no contractual right to an equal opportunities policy then you are reliant on statutory entitlements and these boil down to the fact that unless you fall into one of the protected groups, you are unlikely to have any recourse. The protected groups are diverse and I suggest that you look at the following websites to help you decide whether it is relevant to your case. If so, you could start by raising a grievance and some of these categories have their own special forms or questionnaires which the employee can download and complete before submitting to their employer for detailed answers in relation to the alleged discriminatory act. Disability Rights Commission Commission for Racial Equality ACAS addresses a variety of discrimination issues including sex, part-time workers, gay and lesbian and more. Not all employers realise that they should apply a formal approach to such situations and simply act in an autonomous way and appoint the person they think is the best for the job without going through the process of advertising and interviewing. It’s very frustrating and I sympathise with your position and fear the worst for your employer because the results of such behaviour can adversely affect productivity and the retention of talent within their organisation. If you are feeling aggrieved about the situation but don’t think you fall into the contractual rights category or into one of the protected discrimination categories, you could still raise a grievance as is your statutory right and ask your employer to consider your point of view and to explain how they will be addressing future job openings. The fact that you have formally got your views across may make your employer realise that they acted unreasonably and may influence a change of policy for the better. If they refuse to explain how they would address similar situations in the future there is a possibility that it could be classed as a fundamental breach of the employment relationship and as such you may be able to claim a constructive dismissal. However, you should take legal advice on your particular situation before doing anything so drastic as resigning from your job as this route is a long shot and depends upon the fine detail of the case. Hopefully, you will be able to educate your employer to act in a responsible manner in the future by using the grievance procedure.
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