Exceptions to Advertising

Advertising a role widely ensures that you have a broader and more diverse pool of applicants from which to choose the best possible candidate. It also supports the University's commitment to seek proactively to improve equality and diversity. Recruiting without advertising can limit the University's ability to recruit the best, as well as increasing the risk of indirect discrimination. There are limited circumstances in which advertising may not be required, which are explored below:

There are some circumstances in the University where it is accepted that a post need not be advertised. One of the following criteria must apply and agreement sought from the appropriate authority:

Exception	Detail
Research Grant	It has been awarded by a research grant sponsor specifically for a named candidate, either as an individual fellowship or as a post within a research grant budget, and therefore would not automatically be available to any other candidate if the named individual withdrew.
Named Candidate	It has been provided from a lump sum grant or departmental account for a named candidate, either to utilise their unique expertise or to meet a particular research requirements, or to provide bridging support pending the outcome of the other grant applications, and would not therefore automatically be available to any other candidate if the named individual withdrew.
Managerial Reason	There are good managerial reasons for not advertising. For example, where this would avoid redundancy or where a short fixed-term appointment would provide an opportunity for internal career development. Where internal moves create another vacancy, this should be advertised.
Exceptional	There are exceptional reasons. For example, where an office is being established on outside funds for a particular person.

Permission for a particular office not to be advertised externally must be granted by the Council or the General Board. Any case should be made in good time to be considered by the central bodies. It may be possible for an urgent request to be considered by the Chair of the Human Resources Committee, on behalf of the Council or the Board.

Such requests should be made through the Secretary of that Committee. Advice on circumstances in which a case might be made may be obtained from the Lead HR Business Partner / HR Business Partner for the relevant institution.

You must get agreement not to advertise any other types of post from your Lead HR Business Partner / HR Business Partner.

In order to defend any claim of indirect discrimination, you have to show that your actions can be objectively justified (i.e. that they were a proportionate means of achieving a legitimate aim). Therefore, you may find it helpful to consider in advance whether a decision not to advertise a post can be objectively justified.

Agency workers have the legal right to be informed of relevant vacancies from day one of a work assignment (e.g. through access to the University's jobs pages, including internal only adverts), except where posts are ring-fenced as part of a redeployment exercise. The Agency Worker Regulations do not require equality of opportunity in the selection process between agency workers and employees.

Internal-only advertising is the practice of inviting existing employees only to apply for a vacancy, either by placing an advert where only current employees will see it or by stating in the advert that only internal applications will be accepted.

A common reason for internal-only advertising is due to an internal reorganisation.

Internal-only advertising can lead to discrimination where the current workforce is made up of people who share similar backgrounds and characteristics. Therefore, before deciding to advertise a vacancy internally only, you should consider whether there is a good reason for doing so (i.e. whether your decision can be objectively justified) and get agreement from your Lead HR Business Partner / HR Business Partner.

Where possible, you should carry out internal-only advertising openly so that all employees of the University are given the opportunity to apply. It is also recommended that you include 'internal only' at the end of the advert heading so this is clearly visible in the list of advertised roles on the Job Opportunities page. You should also explain in the body of the text that the opportunity is open to current University of Cambridge employees.

It is helpful to consider whether the aim behind your decision to advertise internally can be achieved in other ways. For example, if you are trying to facilitate internal career progression, you could instead:

Ensure that advertisements highlight clearly the particular skills being sought and that line managers are asked to help people realise they have those skills or facilitate some training so that they can acquire them.
Use Staff Review and Development (SRD) meetings to discuss internal career progression and to map opportunities for employees.
Use Career Pathways to help employees to develop their skills so that they compete successfully for opportunities that arise.