Do job vacancies have to be advertised externally?

You have a vacancy to fill and someone in mind who could do the job. Perhaps an employee is ready for more responsibility, or a former colleague has the experience you need.

Do you have to advertise externally before offering them the role?

For most private-sector employers in Great Britain, there is no general legal requirement to advertise a vacancy externally. However, you still need to check your recruitment rules, avoid discrimination and consider any obligations towards existing employees or agency workers.

Here is what to think through before deciding how to recruit.

Do jobs have to be advertised internally first?

There is no general rule requiring every vacancy to be advertised internally before you look outside the business.

Your recruitment policy or other binding arrangements may set requirements, though. Check what you have committed to and apply the process consistently.

For example, if your policy says all vacancies will be shared internally for a week, a manager should not bypass that process simply because they already know someone they want to appoint.

If your current process no longer works, review it properly rather than making unexplained exceptions whenever a vacancy arises.

Can you offer a job to someone without advertising it?

In many cases, yes. There is also no general requirement to interview before making an offer, unless your organisation’s rules require it.

But familiarity is not evidence that someone can do this particular job.

Before making an offer, write down:

• What the role needs to achieve
• The skills and experience that are essential
• How you have assessed the person against those requirements
• Why the proposed appointment meets the business need

For example, a reliable engineer may be an excellent technical specialist but need development before managing a team. If you are considering them for a supervisory role, assess the people responsibilities as well as their technical ability.

An informal conversation or practical assessment can help test your assumptions, even when you are not running a competitive recruitment exercise.

Could not advertising a vacancy create discrimination risks?

Yes. Recruitment arrangements must comply with discrimination law, whether you advertise widely or approach one person.

A process that seems neutral can disadvantage people who share a protected characteristic. That does not mean every internal appointment or employee referral is discriminatory, but it does mean you should consider who can access the opportunity.

For example, relying repeatedly on the same small network may prevent the business from reaching other suitable candidates.

Consider:

• Who is likely to hear about the opportunity?
• Are any requirements unnecessary for the actual work?
• Are decisions based on evidence or assumptions about who would “fit in”?
• Could a different approach remove barriers without undermining the business need?

Do not assume a limited budget automatically makes an exclusionary approach acceptable. If you identify a potential discrimination issue, get advice before proceeding.

Who must be told about vacancies?

Some people have specific rights to vacancy information. These are separate from a general requirement to advertise externally.

Fixed-term employees: Employers must provide information about permanent vacancies in the organisation.

Agency workers: From the first day of an assignment, agency workers have rights to information about relevant vacancies available to comparable employees or workers. Make sure they know where to find it. This information right does not automatically mean entitlement to the role or identical treatment of applications.

Check how your vacancy announcements work in practice. A notice on a system someone cannot access will not help them find the information.

What if you are recruiting during a redundancy process?

Before filling a vacancy, check whether it could provide suitable alternative employment for someone facing redundancy.

Employees with pregnancy or qualifying family-leave redundancy protection have priority for suitable alternative vacancies during their protected period. Where this applies, simply asking them to compete with other applicants is not enough.

Recruitment and redundancy decisions should therefore be considered together. Get advice before promising a role to someone else if redeployment obligations may apply.

Should you recruit internally or externally?

The decision should start with what the business needs.

For example, promoting an administrator into an office manager role may support their development. It may also leave an administrative gap and introduce responsibilities they have not handled before.

Think through the whole change, including training, workload and handover, rather than focusing only on filling the vacancy.

If you advertise externally, where should you advertise?

Choose channels that reach people with the relevant skills while keeping access reasonably broad. Acas recommends advertising in at least two different ways or places to help widen reach and reduce discrimination risks.

Depending on the role, options could include a general job board, a specialist industry site or a recruitment agency.

Track which channels bring suitable applications. A large response is not necessarily useful if the advert attracts people who cannot meet the role’s requirements.

A practical checklist before you recruit

Before a manager makes an offer, ask them to confirm:

• We have defined the role and the skills it needs
• We have checked the recruitment policy and any other applicable requirements
• We have considered vacancy information and redeployment obligations
• We have chosen an appropriate assessment process
• We can explain the appointment using evidence
• We have planned how the person will be supported in the role

This guide focuses on private-sector recruitment in England, Scotland and Wales. Public-sector and other regulated appointments may have additional requirements.

Need to recruit and onboard the right person?

Deciding whether to advertise is one part of the process. You also need to be clear about the role, assess candidates fairly and help the successful person get started.

Explore our resources for recruiting and onboarding the right person for practical guidance to help you plan your next steps.

If you need support with a specific appointment or your wider recruitment process, our ongoing HR support can help you think through the options and put an appropriate approach in place.