I have a question regarding the employment of 2 people in the same post. Both people were interviewed for ½ posts and ‘A’ was placed second on the panel, and ‘B’ was placed third on the panel. The lady placed first then left so ‘B’ was offered the job and accepted. Three months later, the position was advertised again in a full time capacity and both people applied for the posts with ‘B’ being placed first and ‘A’ being placed second. Further funding became available and both were offered full time posts. The position has now changed again and only one post is now going to be funded from 01/07/12.

My questions:

a) Would it be correct to advertise the job again and leave it open for anyone to apply for it, including ‘A’ and ‘B’?

b) If not, who should be offered the new post from 01/07/12. Should it be based on the person with the longest service in the post (even on a ½ post basis i.e. ‘A’)?

c) Could it be offered to the person who came first on the panel for the full time post i.e. ‘B’?

Posted in : First Tuesday Q&A NI on 5 June 2012
Emma-Jane Flannery
Arthur Cox

The question is not entirely clear but we can see two possible alternatives:

  1. That the recruitment campaign was carried out for the full time posts but the employees have not actually taken up their posts as yet and the new single full time post is for the same type of role. If this is the case, then you could return to the standing list and offer the role to the person who was successful in that campaign, i.e. B.
  2. That these employees actually commenced their two full time roles and that this is a further reorganisation required following a change in funding.

If this is the case, there is no

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Back to Q&A's This article is correct at 02/09/2015
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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