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Those who want JOB SWAP

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New: Job swap advice

Published: 15 June 2007

By: MMC Team

Dear applicant –

We need to make you aware that the principle of job swaps, while understandably attractive and pragmatic, raises significant legal problems.

The key problem is that offers are personal to the individuals to whom they are made, and are not capable of being accepted by anyone else. Other applicants who had applied for that post might reasonably argue that the person who sought to accept an offer following a job swap had not been selected for the post following a fair selection process. There could also be challenges to the process of job swaps on equal opportunities grounds.

Our advice to anyone contemplating a job swap is that Trusts would very probably refuse to allow candidates, other than those that had actually been offered a post, to start work in it. Even if candidates were appointed following a job swap the appointment would certainly be open to reasonable legal challenge.

There is a process for arranging transfers for individuals between jobs. It is set out in the Inter-Deanery Transfer section (6.115 - 6.123) of the new Gold Guide, which is available on the MMC website here.

However, we know that it would be helpful to everyone if we could create a faster and more flexible process. We’re seeking legal advice on how we could do that without setting up something which ran counter to employment law and will update you as soon as possible.

Thanks,

The MMC Team

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