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Fair interview process?

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  • Fair interview process?

    Hi

    Just need some advice on the legalities of a fair interview process.

    There is currently a job going at my place of work and the closing date is the 19th of this month. I am aware of three people who have applied for this job.

    I also am aware that the job has already been given to someone and no one else who has applied has been interviewed yet, and some are of the understanding the job is still available.

    I was under the impression that by law the interview process had to be a transparent and fair process with all applicants being interviewed/notified?

    Could someone please advise as I want to highlight this issue but am unsure of where I would stand legally.

    Thank You

  • #2
    Re: Fair interview process?

    As far as am aware, their is no legal requirement for them to interview all that apply do to economic and business reasons. If they have already given the job to someone, then they simply need to inform those have or have not been interviewed that their application was unsuccessful. They may also have other similar positions available so may still interview for them and offer that similar position to those yet to be interviewed - though granted, if that is the case, they could have gone about it better.

    I think the question here is; What do you stand to gain by highlighting this issue? Did you apply for the job yourself? How sure are you the information you have that the job has already been given to someone is accurate and not a rumor or misinterpretation of actual facts?
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

    Comment


    • #3
      Re: Fair interview process?

      I was told to go for this job by my management team however knowing what I know, that the job has already been given to someone else, I can't really see the point in applying.

      It just baffles me that the interview process is supposed to be a transparent and fair process yet, the job has already been given to someone.

      I know that companies won't always interview every candidate however if they have someone already in mind for the job why advertise the job for other applicants? Surely it's a waste of everyones time involved in the process.

      I am quite sure of the facts as the person who has got the job has told not only myself but a few other members of my team and the team that they would be managing.

      In regards to what I would gain by highlighting this issue would probably be nothing but grief. But I have applied for 8 vacancies within the company over the past 2 1/2 years and each time I'm told I'd be great for the part however there was someone better suited.

      I understand that this is sometimes the case however I always find out (on good authority) that the job was already gone even before I had my interview. This however is the only time that I can actualy prove it, so by highlighting this issue I would hope for some sort of change in the way that jobs are awarded in the company.

      Kind Regards

      Comment


      • #4
        Re: Fair interview process?

        Does the person who you say says they have the job got this in writing?
        Maybe they are hoping to stop the others from giving their all at the interview?
        Good luck next time it might be you who gets the job before the others are interviewed would you complain then?

        Comment


        • #5
          Re: Fair interview process?

          Originally posted by Jametch View Post
          I was told to go for this job by my management team however knowing what I know, that the job has already been given to someone else, I can't really see the point in applying.

          It just baffles me that the interview process is supposed to be a transparent and fair process yet, the job has already been given to someone.

          I know that companies won't always interview every candidate however if they have someone already in mind for the job why advertise the job for other applicants? Surely it's a waste of everyones time involved in the process.

          I am quite sure of the facts as the person who has got the job has told not only myself but a few other members of my team and the team that they would be managing. - Really! And what do you thing this person stands to gain by telling everyone they have already got the job after being interviewed themselves for it? Would it be the JOB by any chance, as a result of you and the rest not bothering to apply or go to the interviews!!

          In regards to what I would gain by highlighting this issue would probably be nothing but grief. But I have applied for 8 vacancies within the company over the past 2 1/2 years and each time I'm told I'd be great for the part however there was someone better suited.

          I understand that this is sometimes the case however I always find out (on good authority) that the job was already gone even before I had my interview. This however is the only time that I can actualy prove it, so by highlighting this issue I would hope for some sort of change in the way that jobs are awarded in the company.

          Kind Regards
          I think the fact that another applicant has told you they have got the job, along with telling the same to others that have applied, says it all really. Them saying they have got the job knowing you and the others have applied or were going to, could simply be an attempt by them to make you not apply or go to the interviews by making you think it would be a pointless exercise as the job has gone to someone already. This person maybe your colleague, but that's all they are, they want the job just as badly as anyone else, and will do and say anything that they think will improve their chance of getting the job.

          Your management encouraged you to go for it, to me that says they know you have a chance. So forget what this other person has said, and go for it.

          End of the day, until the company make an official announcement that the job has been given to someone, then its still open for grabs. And as walesman pointed out, if this person does not have it in writing that they have got the job, then they have not got the job at all, and only have the impression they did well at the interview and likely using that to jump to conclusions. Or probably just trying to put you and the rest off from applying or going to the interviews just so they do end up getting the job.
          Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

          By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

          If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

          I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

          The Governess; 6th March 2012 GRRRRRR

          Comment


          • #6
            Re: Fair interview process?

            Originally posted by teaboy2 View Post
            As far as am aware, their is no legal requirement for them to interview all that apply do to economic and business reasons. If they have already given the job to someone, then they simply need to inform those have or have not been interviewed that their application was unsuccessful.
            If an employers recruitment policy specifies that their recruitment process is to be transparent and fair, then would someone in the OP's position have a case for breach of contract, given that most employers policies are contractually binding?
            Nothing I say should be taken as qualified expert advice. I am not an expert in anything.

            If you decide to act on anything I have posted you agree not to hold me liable in any way.

            If you are unsure then you need to take proper advice from someone who is an expert.

            Comment


            • #7
              Re: Fair interview process?

              Originally posted by Harmonica View Post
              If an employers recruitment policy specifies that their recruitment process is to be transparent and fair, then would someone in the OP's position have a case for breach of contract, given that most employers policies are contractually binding?
              Possible, if that was the case and it was a clear breach of policy. But in this case, there's nothing to suggest that the employer is in breach as from what i can see, by what the OP has stated, it is merely another employee that also applied telling the OP and others who have applied, that they have got the job. Yet, that's just that one employees/applicants say so and is not officially endorsed or confirmed to be the case by the employer. Even if it were true, it would be very difficult to prove anything, as it could be mere conincidence if the employee claiming they got the job did end up with the job, and if he/she has put others off applying or going to interviews, then they are more likely to get the job.

              The fact the OP's managers have urged them to apply says the employer has not given the job to anyone as yet and want to see the OP apply for it. Which usually means, the job is likely the OP's if they apply for it.
              Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

              By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

              If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

              I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

              The Governess; 6th March 2012 GRRRRRR

              Comment

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