A common misconception is that an employer must advertise a role externally, in fact an employer is not legally obliged to do this.
An employer’s obligations
Whilst you don’t have to advertise a vacancy in any particular way, either externally or internally if you have a candidate in mind then you can offer the role to them. However, careful consideration should be given if you choose not to advertise a role, as although it isn’t technically wrong it can lead to HR problems.
An employer or manager should be mindful of their recruitment policy, does the policy promise to advertise any job vacancies internally? You don’t want to find yourself in the position of breaking your own company policy. Ensure that all managers are aware of the company’s policy and procedures when it comes to the recruitment process.
Another consideration if you don’t advertise a job vacancy at all, or if you advertise via a method that won’t reach people with a particular protected characteristic under the Equality Act 2010, which includes age, sex, race, disability etc., could lead to an accusation of indirect discrimination. In this instance an employer would need to be able to objectively justify their reasons for not advertising the role.
Let’s say, an employer advertises a job vacancy on their Facebook page, they could be accused of indirect discrimination on the grounds of age by an older worker, as younger people are more likely to use this social media platform when seeking a job. It is advisable to use different platforms including more traditional ones to advertise a job, to ensure that you reach as many different potential candidates as possible and are as inclusive as possible.
Or perhaps, a small business wants to reduce the expensive costs associated with the recruitment process, so they rely on word of mouth to recruit staff. This could result in people from a smaller pool of talent being approached, who are friends and family of existing employees, which could lead to people of the same background and ethnicity being recruited leading to a non-diverse workforce. A person from a different ethnic group could then perceive that they have been prevented from applying for a role.
Smaller businesses who don’t advertise a job vacancy externally can rely on the cost saving justification but should always make sure that any decision can be objectively justified.
When you advertise a job vacancy it is advisable to state that: we welcome enquiries from everyone and value diversity in our workforce.
Hiring internally versus externally
Getting the right person for the role is essential. Restricting to advertising internally has its advantages and drawbacks. When you recruit internally a big advantage is that you know the person, their fit and their capabilities. They already understand the organisation, systems and the culture. It also sends a positive message that employees can progress in the organisation.
Conversely choosing to recruit externally widens the pool of talent and can bring a fresh approach without preconceptions about how things are done.
However, you choose to advertise a job vacancy it is a huge undertaking and finding the right person for a role can be challenging. Make sure you know what you want and conduct a job analysis before advertising a role, consider future growth as well as the immediate needs of the organisation. Once the job analysis has been scoped it will enable you to develop a clear job description and plan your recruitment strategy for finding the right candidate.