| Anyone know employment rights in education? 18:09 - Mar 2 with 944 views | LegendofthePhoenix |
My missus works as a Teaching Assistant in a large school with about 40 TAs. The SEN manager has resigned, and several TAs were waiting for the job to be advertised. Part-time TAs have recently had their admin time removed so that all their time is in the classroom. It was announced this morning that the SEN manager has been appointed (an internal appointment). My missus asked the appointing manager where and when the job was advertised and was told that it was advertised on the intranet - put up on Thursday and taken down on Monday. Hardly anyone saw it (because lots are part-time and have no access to the intranet now that their admin has been removed).
Is there employment legislation that requires public sector jobs to be advertised for a certain length of time? This seems very unfair, and as though they had someone in mind and have just rushed it through to appoint the one they wanted. Needless to say, Missus is very fed up and considering her options. |  |
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| Anyone know employment rights in education? on 18:13 - Mar 2 with 897 views | acj |
I have no idea on the legality of it, but it sounds like a bit of a toxic workplace if that’s how they go about things. Hope someone else here can shed some light on it for you. |  |
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| Anyone know employment rights in education? on 18:29 - Mar 2 with 841 views | andytown |
Don’t know personally, but if your missus is in a union they will be able to help. |  | | |
| Anyone know employment rights in education? on 19:18 - Mar 2 with 763 views | DJR |
| Anyone know employment rights in education? on 18:29 - Mar 2 by andytown |
Don’t know personally, but if your missus is in a union they will be able to help. |
That's sound advice. There's also the CAB.
More generally, I came across the following from a firm of solicitors that appears pretty authoritative.
https://www.davidsonmorris.com/do-you-have-to-advertise-a-job/
What I draw from this is that there are two possible grounds for complaining, but I am not an expert so don't take my word for it.
First, that the school didn't follow its own recruitment policy in the way it acted.
Second, that the school acted discriminately.
It's probably difficult to argue sex discrimination if all the possible candidates are women. But I suppose race could be an issue for a BAME person, if they were unaware of the intranet advertisement.
EDIT; I had thought the public sector had perhaps different rules, but the article doesn't suggest this is the case. Perhaps it is just the case that the public sector generally cares more about discrimination and so is more inclined to advertise extensively. But schools these days are largely autonomous organisations, and the public sector ethos that perhaps applied when they were under local authority control may be lacking these days.
[Post edited 2 Mar 2023 19:25]
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| Anyone know employment rights in education? on 19:30 - Mar 2 with 734 views | HARRY10 |
Quoting from the link
"If an organisation has a written recruitment policy in place, employers should follow the rules and procedures set out under this policy"
You would need to check that as a starting point
"However, employers are not legally required to advertise a job vacancy, either internally or externally."
Should be borne in mind. It is often the case that like breakdown cover it is only when you need help you find you do not have it. One reason to support each other through membership of a union. | | | |
| Anyone know employment rights in education? on 19:45 - Mar 2 with 678 views | LegendofthePhoenix |
| Anyone know employment rights in education? on 19:18 - Mar 2 by DJR |
That's sound advice. There's also the CAB.
More generally, I came across the following from a firm of solicitors that appears pretty authoritative.
https://www.davidsonmorris.com/do-you-have-to-advertise-a-job/
What I draw from this is that there are two possible grounds for complaining, but I am not an expert so don't take my word for it.
First, that the school didn't follow its own recruitment policy in the way it acted.
Second, that the school acted discriminately.
It's probably difficult to argue sex discrimination if all the possible candidates are women. But I suppose race could be an issue for a BAME person, if they were unaware of the intranet advertisement.
EDIT; I had thought the public sector had perhaps different rules, but the article doesn't suggest this is the case. Perhaps it is just the case that the public sector generally cares more about discrimination and so is more inclined to advertise extensively. But schools these days are largely autonomous organisations, and the public sector ethos that perhaps applied when they were under local authority control may be lacking these days.
[Post edited 2 Mar 2023 19:25]
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Thanks (to all who have replied) and that link is very helpful. As ~90% of the TAs are female, I think there are grounds for sex discrimination. Just found out also that the job was closed at 9am on the Monday. The intranet isn't accessible from outside the school, so there was only 1 day, Friday, when Mrs Phoenix could have applied, but she was in class all day with no admin time.
She is indeed in a Union (NEU) and I am advising her to go to the union about it. Thanks again. | |
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