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Is a Job Advert Legally Binding?

Many employers stress over writing online job adverts, feeling obliged to cover every small aspect of the employee’s role and responsibilities. The details in a job advert are not generally considered to be legally binding. The details in a job advert may only carry legal weight or be considered at an employment tribunal in the absence of an employment contract or a more detailed job description.

An employer is legally required to provide an employee with their written statement of employment particulars within two calendar months of their start date, on this basis then the job advert will carry limited legal weight. In terms of the duties, every employment contract (even an unwritten one) is deemed to contain an implied term that the employee will be reasonably adaptable, which of itself is normally sufficient to cover minor changes in duties or manner of working. 

Job adverts should create desire and interest. A good job advert is about attracting the best possible talent to a business. A well-written advert will help to attract the most suitable candidates in a competitive marketplace. An advert needn’t be extremely detailed, particularly for entry-level positions. An outline of the skills and experience you are looking for and a brief but concise overview of the role and responsibilities is sufficient.

It is more important that the advert resonates with the type of applicant you are trying to attract. That said, a job advert or a job title should not be misleading or vague. And, of course, job adverts should as a minimum be clear about the type of position offered, if it is temporary or permanent, and where the applicant will be based. Adding a salary or salary range will increase the number of applications – many applicants will be put off making an application where no salary information is provided.

If you would like to discuss how Ortolan People can help you write compelling job adverts, helping you to recruit the best candidates, contact us on 020 3743 0600 or email info@ortolan.com.

Posted on 3 January, 2018 by Ortolan

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Delighted to say that yet again we have had success using yourselves to fill the positions we had within our claims team, all three coming from the adverts we ran through so thank you so much.

Ian Dye, Recruitment Manager (Europe) Travelers
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