smallbusiness.co.uk: Helping your business think big

There is no direct legislation that says vacancies (of whatever level) must be advertised (except in N Ireland where the provisions of the Fair Employment Act 1976 may apply).
 
However depending on the mix of current workforce for any employer if there is an in-balance in the workforce and the recruitment, training and promotion policies lead to indirect discrimination against a particular group or groups of employees, or potential employees, then that is covered.
 
For example if a company has maintained a recruitment policy over many years for males only that would have been directly illegal. (Refusing to employ a woman, if one had applied, because she was a woman would have been directly discriminatory). To operate a policy that no management vacancies are to be advertised outside the company and no outside applications are to be considered from men or women would, prima facie, appear to be non-discriminatory since neither men nor women can/will be considered. However, given what would be an in-balance in the workforce (i.e. the only male recruitment over years) the number of men able to apply internally would far exceed the number of women able to apply. That would therefore almost certainly be indirect discrimination. If of course the balance between the two sexes in the workforce was equal then no indirect discrimination is likely to be occurring.
 
The same broad principles apply if discrimination on the grounds of race, religion etc have been practised in the past.
 
Companies are broadly entitled to adopt whatever recruitment and promotional policies they like (barring any form of discrimination) but, whilst I cannot comment at all about ASDA as I don’t not know enough about them, I believe employers benefit from the infusion of fresh blood and ideas regularly. Recruiting only at the most junior levels and then promoting up through means “we do it that way because we’ve always done it that way and anyway, we don’t know any other way!” Promotion opportunities and succession planning must form part of any staff development plan, but so to should the injection of wider experience from other companies/industries by recruitment from outside.

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