Case law highlights the need for openness in the advertising of internal job opportunities.
In Uddin v Westex Carpets Ltd ET/1805994/12 Mr Uddin had worked for twenty years as a night shift manager. He was hoping to apply for a promotion when one of the senior managers retired. Unfortunately the vacancy was never advertised and a white man was selected for the promotion seemingly without any proper selection criteria being applied.
Mr Uddin, who was of South Asian ehtnicity, complained to the tribunal that he had been overlooked for promotion on account of his race. The tribunal, which also noted that Mr Uddin was the only non-white manager from a workforce which was 50% non-white, was able to draw an inference of race discrimination.