We have recently undergone a recruitment exercise and appointed a very good candidate. However we also have 2 other candidates who are placed on reserve as they also demonstrated the level required to do the job. My question is that we may have a similar type role (job titles not the same but nuts and bolts of the job are comparable) coming up in the future for which we believe the reserve candidates would suitable. Would we be able to offer the candidates these posts without going through the full recruitment process?

In general terms there is no legal obligation on an employer to go through a formal recruitment exercise at all before deciding whether to offer an employee a job. Many employers do, as a matter of practice, conduct an extensive recruitment exercises. However where there is a suitable candidate, there is nothing to legally stop an employer from directly approaching such a person and simply offering the position. The fact that a specific recruitment campaign was not conducted is not in itself a legal problem for an employer.

However, the matter might be relevant if there is a disgruntled unsuccessful candidate who alleges they have been overlooked for discriminatory reasons. Employers need