Do jobs have to be advertised

If an organization has a documented recruiting policy, employers must follow the rules and processes outlined in the policy and apply them fairly, i.e. in the same manner for everyone. For example, the written regulations may state if the employer is required to publicize a position, where the job should be advertised, and to whom, such as internal or external candidates.

However, companies are not compelled by law to publicize a job opening, either internally or internationally. This applies to both previously existing but recently empty posts and freshly formed ones. A competitive recruiting procedure is not required. There is also no necessity to undergo an interview procedure. However, posting a job is typically recommended, since appointing someone to a vacant position without first advertising the vacancy or completing a recruiting procedure is not without danger.

The Equality Act of 2010 requires employers not to discriminate against current or potential employees based on any of the nine protected characteristics listed in the Act. In certain cases, failing to publicize a position may be considered discriminatory behavior on the part of the employer, for which a job candidate may file a tribunal claim. A job applicant's protected traits may include:

age sdisability

reversal of gender

pregnancy or motherhood race religion or belief marriage or civil partnership

sexual orientation or sex

This means that if the workforce is predominantly made up of people with a specific characteristic — for example, it is predominantly male or female, or made up of a specific racial group — relying solely on informal recruitment methods such as word of mouth or recommendations can easily perpetuate the existing imbalance and limit the choice of applicants.

Because failing to publicize a position – publicly or otherwise — would not serve to diversify the workforce, it may be considered implicitly discriminatory against any protected group that is under-represented in the workplace. As a consequence, applicants who do not learn about a vacancy until it is too late to apply because candidates were sought via an informal recruiting process may be able to allege illegal discrimination based on the employer's recruitment strategy being a discriminatory employment arrangement.

In contrast, by prominently promoting a position — both internally and to the wider public — a business is less likely to violate equality legislation by mistakenly discriminating against prospective job candidates who belong to protected groups. Instead of limiting the candidate pool to individuals already working for or suggested to the employer, using a job posting is likely to attract a broader variety of applications who are fit for the vacancy.