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PostPosted: Fri Jul 13, 2018 7:23 am 
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FAC51 wrote:
Serious question now:

In the private sector, is it "illegal" to have a preferred candidate? Especially in this case when all candidates are likely to have been of the same race and gender.


A few years ago (but I doubt long enough for it to have been under different legislation) the Head of a private school invited me in and offered me a job as head of English. I had not shown any interest at all in this; there was no vacancy advertised and in fact am not primarily an English teacher, but I had been teaching English 1-1 in some local state schools and he had heard about it. It was utterly weird (there was in incumbent head of English who I don't think was planning to leave); the man had no idea about my qualifications nor had he seen me teach. I obviously turned it down but it did leave me with a very bad feeling.


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PostPosted: Fri Jul 13, 2018 8:37 am 
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FAC51 wrote:
In the private sector, is it "illegal" to have a preferred candidate?

Yes, recruitment law in this country is the same irrespective of what industry or sector is involved.

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PostPosted: Fri Jul 13, 2018 10:33 am 
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As long as there has been no discrimination, why is it illegal?

There's no requirement for the private sector to advertise every vacancy and go through a formal recruitment process.



BTW, the "poached" remark up-thread was a light-hearted remark given that St Margaret's is a near-ish neighbour. I would expect the Governors of Habs to conduct a thorough search for a new Head!

Apologies that it's led to this off-topic debate.


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PostPosted: Fri Jul 13, 2018 11:41 am 
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How long ago was the St M's Head at St Albans?

I can certainly see the attraction of a Senior member of staff from St Albans as locally the two are great rivals.

St Albans have increased their intake and are in the middle of another building expansion gradually buying out the other residents of Townsend Avenue. DG


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PostPosted: Fri Jul 13, 2018 1:03 pm 
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FAC51 wrote:
As long as there has been no discrimination, why is it illegal?
There's no requirement for the private sector to advertise every vacancy and go through a formal recruitment process.

Best practise is the same in all sectors, that in order to ensure removal of bias and discrimination vacancies should be publicised (specifically on/in platforms/areas that do not exclude any particular group and ensure diverse coverage). This is also considered advisable as it is the only way to be sure that the best available candidate is hired (the 'preferred' candidate may not actually be the best candidate and after a thorough recruitment process may no longer be 'preferred'.)

Any process which excludes certain groups (ie those who are not 'in the know') is vulnerable to claims of discrimination. It is why so many companies have got rid of their employee referral programmes and indeed there was been a landmark discrimination case surrounding one of these schemes precisely because the use of word of mouth (in this instances) only reached certain groups. (Can't remember the case name but it was in Wales, Swansea I think, and any HR policy/law person will probably know it if there are any on here)

So yes, if there has been no discrimination then it is not illegal (just shabby and unprofessional) but without a robust process, it is very hard to demonstrate that there has not been indirect discrimination and so a company is hugely vulnerable. Most companies that I work with understand this, private or public. Where it does not happen there will be an HR person losing sleep and looking for a job elsewhere rather than be professionally compromised. I have experience of employment tribunals and they are an experience (and cost) to avoid IMO.

FAC51 wrote:
Apologies that it's led to this off-topic debate.

Likewise

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PostPosted: Fri Jul 13, 2018 2:53 pm 
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Daogroupie wrote:
How long ago was the St M's Head at St Albans?

Quick bit of googling tells me she left St Albans for St Margaret's 4 years ago.


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PostPosted: Fri Jul 13, 2018 2:59 pm 
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mad? wrote:
So yes, if there has been no discrimination then it is not illegal (just shabby and unprofessional)

I work with companies at the smaller end of the scale.

They would probably all accept that their management practices are somewhat "unprofessional", but I certainly wouldn't call any of them shabby!

But yes agree with you that it's better to be safe than be dragged to a tribunal!


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PostPosted: Wed Jul 18, 2018 4:32 pm 
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She was previously the Head of Sixth Form and then Second Master (Deputy Head) at St Albans Boys not STAHS


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PostPosted: Wed Jul 18, 2018 10:06 pm 
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Thank you. That makes a lot more sense.

Strong academic credentials from St Albans boys and then Head experience at ST Ms. DG


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