We have two management vacancies and I wish to offer them to external candidates as I think the company needs a fresh injection of talent. If I advertise the roles externally and staff apply internally, can I legally refuse them an interview?
Such employees would include any employees at risk of redundancy, those on maternity, paternity or long-term sick leave, part-time or remote workers. If none of these scenarios are applicable to your business it would be possible to only advertise externally from a legal point of view, however, you need to be aware that in certain circumstances, it may still be discriminatory to refuse an interview to internal candidates under the Equality Act.
By refusing internal candidates the opportunity to apply for the new roles you might miss out on strong candidates who may become demotivated and decide to leave your company. Because of this, you should ensure that your planned approach is in line with your company culture and career progression plans and is the best way of achieving your end result.
This Q&A was written for and first featured in the Financial Times
This article is for general information purposes only and does not constitute legal or professional advice. It should not be used as a substitute for legal advice relating to your particular circumstances. Please note that the law may have changed since the date of this article.