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?

Posted in : First Tuesday Q&A ROI on 2 October 2012
Barry Walsh
McDowell Purcell
Issues covered:

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

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Register

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

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.

Barry Walsh
McDowell Purcell

The main content of this article was provided by Barry Walsh. Contact telephone number is +353 1 828 0600 or email bwalsh@mcdowellpurcell.ie

View all articles by Barry Walsh