Recruitment

Dismissing an employee...

Mon, 08 Feb 2010 09:44:00 GMT

I have an employee who has been with me for two months however I no longer need them in my workforce. Am I able to just dismiss this employee?

Dismissing an employee is never a step you should take quickly and without proper consideration. This employee is someone who you thought it was worth hiring only two months ago and, presumably, at that time you were envisaging a long term relationship. What has changed to make you believe that you no longer have a need for this employee?

If there has been a change in the amount of work you need then you should consider if this is likely to be a permanent drop or if you are going to find yourself understaffed again very shortly. If this is due to the individual’s performance in the role then you should consider if this is something that could be corrected so that you can retain an employee who you thought was worth having.

There are set procedures contained within the ACAS code of practice that set out the process you should go through if you want to dismiss someone and it is always advisable to follow them so that you can make sure that dismissal is the correct decision in the circumstances.

You are able to dismiss an employee without following any procedures, providing you give them the correct notice. If they have less than 1 year of service then they cannot bring a claim for unfair dismissal unless they can find some way to argue that this dismissal was for an automatically unfair reason. Be aware that should this employee seek to claim that the dismissal was for an inadmissible reason then you will find it hard to demonstrate the real reason for dismissal if you have no record of your reasoning.

If you have a valid reason for dismissing this employee then it is worth writing to them clearly setting out the reasons for the dismissal and giving the right of appeal. This will give you a record and help you deal with any challenges should they bring them.

Announcing the Value-added “VA” from Outlook Unlimited

Wed, 13 May 2009 12:18:00 GMT

At Outlook Unlimited, we have been successfully "Solving the People Puzzle" for the past four years.

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A Virtual Assistant can be on hand as a short term solution, an “as and when” helping hand, known as a "Fly-In, Fly-Out" service.

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Do you have a Board Meeting or Committee Meeting where you need an efficient resource once a month for just two or three hours..?
Do you need help to get a marketing campaign out, say once a month or as a one-off..?
Do you simply want a reliable person to follow your marketing campaign up on the phone, allowing you to get on with the day job..?

Working with a Virtual Assistant will "plug that short-term gap", supporting your business on an "ultra-flexible" basis and helping your growth by increasing your productivity. The VA allows you to get on with what you need to do whilst relying on a highly skilled assistant. There are no hidden or employee costs to pay and no high agency rates.

Typically, our Virtual Assistants have many years of experience in a range of business sectors. This will allow you to outsource your administration, secretarial work, book-keeping, marketing, event management and many other tasks that are on your to-do list. Each package is tailor-made with no long tie-in periods, giving you total flexibility in these uncertain times.

There is no need to worry about paying for staff holidays or for hours that you don’t need. You ONLY pay for the time worked and if you don’t have space in your office for a Virtual Assistant to work, that’s fine……they have their own offices set up remotely and still work as effectively and efficiently as if they were in your office!

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Selection interviewing

Wed, 04 Mar 2009 09:44:00 GMT

Peter Hipkiss, Consultant at Peninsula, talks about how to get the best out of an interview and how to choose the right candidate.

Interviewing can take place for a number of different reasons, selection interviewing for employment, for promotion, for disciplinary reasons, for capability reasons, for health reasons, as exit interviews, etc. This article will concentrate primarily on interviewing for employment, although many of the points will apply to most forms of interview.

Presumably the applications have flooded in! Presumably there are many more than could possibly be interviewed, especially with the current economic situation! Therefore, some form of initial screening has to take place. Ideally, this should be carried out by the person(s) who will actually conduct the interviews. It is preferable, if possible, to have more than one person conduct the short-listing and interviewing as it helps to minimise personal bias and it spreads the load – however there may not be sufficient management in SME’s to achieve this!

Compare the information contained in the application to the job description and personnel specification to identify those with the potential to do the job. (Do not set out with a pre-conceived idea of how many should be on the short-list). That “potential” should be in respect of job related criteria only and should be applied consistently across all applicants. Under no circumstances should account be taken of race, sex, disability, trade union membership, religion (Northern Ireland) or age as that would be discriminatory apart from the few genuine exceptions allowed, i.e. it is permissible to audition women only to play the part of a woman in a film. It may be useful, or even essential in some circumstances, to produce a short-list matrix with qualifications/experience recorded against applicants and those scoring more than ‘X’ are short-listed.

Those not invited to interview should be sent a polite “thanks, but no thanks” letter, a copy of which should be kept with their application, and all such letters, in one file for that particular job advert. Each should contain a note as to why the applicant was not invited to interview (keep especially the matrix chart as it is not unheard of for rejected applicants to complain about not being invited to interview and it is enormously helpful to the employer (and to the applicant!) if the process can be seen to be fair and non-discriminatory.

This file of unsuccessful applicants should be kept for at least 12 months, but no longer, unless special circumstances apply. (Although the Information Commission advises in the Employment Practices Data Protection Code for Recruitment and Selection, that such data should be destroyed after four months, many claims for sex or race discrimination can be made up to six or eight months after the act complained of, and even those periods can be extended to 8 and 10 months if Equality and Human Rights commission is assisting the applicant in their claim. Therefore four months is too short a time).

Send a letter/e-mail to the short-list personnel inviting them to interview. Make sure it clearly states where, when, to whom to report and whether this is a preliminary interview or the only one in the process. There is one further requirement that needs to be met at this stage. The Disability Discrimination Act 1995 requires that disabled people be provided with a level playing field for interview with other applicants. Some applications may reveal that the applicant is disabled. Others will not. To ensure therefore fairness, at the interview stage, the potential employer needs to find out if any special procedures need to be adopted, e.g. wheelchair access, sign language interpreter, so that the disabled applicant receives treatment on a par with that accorded to a non-disabled person. Ask, in the letter inviting to interview, if any special arrangements need to be made and if the applicant indicates they do, arrange them.

Most people consider that there are two purposes to an interview; for the employer to find out all they (properly) can about the applicant and for the applicant to find out all they can about the employer/employment. There is a third. Usually more people are rejected than are appointed. It is a wise employer who recognises that increasing numbers of rejected applicants, who have been badly, unprofessionally or lackadaisically interviewed, will build up in the surrounding areas creating a poor reputation for the organisation locally. Properly, professionally, interviewed people will probably still go away feeling upset but hopefully they will be feeling regrets that they were unsuccessful in joining what was obviously a great set-up rather than disappointment and relief that they have been unsuccessful!

Prepare before the interview to ensure that they start on time, that there are no interruptions and a structure is decided on and followed in the same manner for each interviewee. Consider carefully job descriptions, personnel specifications and applications to identify what questions need to be asked. Again, where possible, the interview should be conducted by more than one person if resources allow.

At the interview put the applicant at ease, outline the organisation and its future plans. Ask the applicant open questions to expand on the information in the application and concentrate on those issues which will influence the decision to offer employment or not. Open questions are those which cannot be answered yes or no. For example ask “why did you leave your last job?”, rather than “have you left your last job?”, since it will produce a more useful response. Take notes – ensure especially that important comments, ones which might be decisive, are in some way noted.

Do not ask any questions of a discriminatory nature. It is unacceptable to ask women if they plan to have children? Who will look after your children if you come back to work?, etc.

Some questions must be asked of those destined to work with children, or vulnerable adults, regarding them not having any convictions, or record, which would affect their employability in such sensitive roles. There are also questions which need to be asked regarding the Immigration and Asylum rules. These are so detailed there is no room to deal with them here, but be aware that they exist and that they might apply to you, so find out!

Allow the applicant to ask questions and answer them honestly. Answers given in the interview could be relied on by the individual as forming part of his/her contract of employment!

Tell the applicant when he/she can expect to hear the outcome. If there is a second round of interviews those not invited should receive a letter “thanks but no thanks” and those for final interview a letter, as before explaining, where, when, with whom, etc.

Final interviews should concentrate on the requirements of the job and the candidates’ suitability for it. From objective criteria rank the candidates. Offer the job to the first choice candidate, hold in reserve second and third and send “thanks but no thanks” letter to the others. If preferred choice accepts send “thanks but no thanks” letters to number two and three. If preferred choice rejects offer, offer then to number two, etc., assuming that they are acceptable of course!

Details of rejected applicants following interview should be treated in the same manner as those rejected without being offered an interview.

Remember starting the wrong person can be disastrously expensive. Take time and care to do it properly so that risks are minimised. To minimise risks even further do not write inappropriate comments on interview notes – they just may come back and haunt you!

For more information please contact Peter Hipkiss on 07966 112075 or via e-mail, Peter.Hipkiss@peninsula-uk.com.

How to deal with an employee grievance

Mon, 16 Feb 2009 10:36:00 GMT

Peter Hipkiss, Consultant at Peninsula, looks at how to deal with an employee grievance......

The issue of employee grievances has recently come to greater prominence. Largely this is because of changes in employment law and Tribunal rules which require an employee, who wants to make certain types of claim (particularly discrimination and constructive dismissal), to have tried first to resolve the matter through the prescribed Statutory Grievance Procedure. Claims, in these cases will be inadmissible if the employee has not lodged a grievance with the employer. Inevitably therefore many grievances are raised not with a real desire by the employee to reach a resolution but simply because it is a hurdle that must be overcome before a Tribunal claim will be allowed to proceed.

A government change made in the hope of reducing the number of cases reaching Tribunals has in fact resulted in a huge additional burden on employers, and has considerably prolonged the time before an issue is finally brought to a conclusion. Now that statutory disputes procedures (including grievance) are scheduled to be repealed the rules will change again but the importance of treating any grievance properly and expeditiously cannot be over emphasised.

However we have to work within the law as it stands. A grievance may of course be raised by an employee at any time, and there may be no thought of pursuing a Tribunal claim regarding the matter – nevertheless the same sort of procedure should be followed in all cases (with the minor variations mentioned below).

So what exactly is a ‘grievance’? The Dispute Resolution Regulations (2004) define it as “a complaint by an employee about action which his employer has taken or is contemplating taking in relation to him” – and “action” can be an omission (e.g. a decision not to give an employee a pay increase, or a failure to act on a complaint that an employee is being harassed). In many cases a grievance will of course be resolved relatively informally by line managers, but if the employee is contemplating a possible Tribunal claim (or has already resigned and intends to claim constructive dismissal) he or she must ensure that they follow the Statutory Grievance Procedure laid down in the 2004 Regulations. This means that they must set out their grievance in writing and send it to the employer. (This is usually referred to as the Step 1 statement).

Recent Employment Tribunal decisions have made it clear that this ‘statement’ does not have to specify that a grievance is being raised – nor does it necessarily have to come from the employee. An e-mail will count as a written statement. Any written communication from an employee or ex-employee (or from someone representing them) which sets out a complaint should be regarded as a potential grievance, even if the employee does not ask for the formal procedure to be invoked. On receipt of this statement the employer should then invite the employee to attend a meeting to discuss the grievance (the Step 2 meeting), following which he/she must inform the employee’s right to appeal against that decision. Not part of the Statutory Grievance Procedures, but under separate legislation, the employee has the right to be accompanied by a fellow employee or a trade union representative. It would be prudent to notify him/her of this. While it is not a legal requirement it is strongly advised that the decision should be given to the employee in writing. (The Step 2 meeting should be held within 28 days of the grievance being received – if it is not, the employee can bring a Tribunal claim without waiting for the employer’s response, and moreover the employer may, if that claim is won, be penalised for non-compliance with the procedure.)

The grievance meeting should be used to clarify precisely what the grievance is and to get from the employee any specific details (dates of incidents, names of witnesses, etc). The employer should then carry out a full investigation and reach a conclusion. This may be that the grievance is well-founded, in whole or in part, and the employer should indicate on what grounds he finds the grievance to be not substantiated. If the employee is not happy with the decision he or she can then appeal (Step 3 appeal). The appeal should be heard by a different manager, with the same right to be accompanied, and again a conclusion given to the employee in writing. This will complete the statutory procedure, but the employer’s own grievance procedure may have additional steps which must be complied with – there may for example be provision for a further appeal.

Where a former employee raises a grievance after their employment has ended (typically where they intend to bring a constructive dismissal claim), the Regulations provide for a ‘modified’ grievance procedure which can be used. The difference is that this does not require a Step 2 meeting to be held – the employer can respond in writing to the grievance as set out in the Step 1 letter. It is common for the ex-employee to request that the modified procedure be followed, but both parties have to agree to this. Thus an employer is within his rights to reject the request. Whilst it may be tempting for the employer to agree with such a request, in order to avoid having to arrange a meeting, it may in fact be in his interests to insist on a meeting. First it is easier to explore the details of the grievance (and challenge them) in a face to face meeting; secondly it should reveal the strength of the relative positions, thus leading to, finally, the opportunity to redress the grievance if the employer’s position is the weak one or to the withdrawal of the grievance if the (ex) employee’s position is without merit. Trying to conduct matters by correspondence is undoubtedly less effective in obtaining a satisfactory solution. A desire, on the part of the employer, to conduct a full meeting also indicates a serious intention to “get it right” which the modified procedure does not always do. However the employer’s insistence on using the full procedure must be reasonable – it is not yet clear how the courts will interpret this, but it is likely, for example, to be unreasonable to insist on a meeting where the ex-employee now has another job in a different part of the country.

Employees who have been dismissed often confuse grievances and appeals. They should of course have a right of appeal against their dismissal, but they do not have to exercise that right in order to bring a Tribunal claim. Many dismissed employees (in some cases through poor advice) submit what they describe as a ‘grievance’. If this relates to the reasons for their dismissal it is an appeal, not a grievance, and should be treated as such if it has been made within the time period set out for appealing and even if the appeal is late there are “house points and gold stars” to be won for allowing it anyway. If it concerns quite separate issues, the ex-employee may be preparing the ground for a claim, say, of discrimination and it is vital that prompt professional advice is sought on how to respond.

Failing to respond to a grievance in compliance with the statutory procedures will not in itself be grounds for a Tribunal claim – but it is important to remember that Tribunal awards for constructive dismissal, discrimination, etc., can be increased by up to 50% if the employer has not compiled with the relevant procedures. It should be noted that employers have lost Tribunals in the past, prior to statutory intervention in October 2004, for failing to respond/handle grievances properly. It is therefore potentially expensive to ignore or to mishandle an employee complaint. Moreover, although the basics of the statutory procedures have been briefly described above, the Regulations are in fact extremely complex and even confusing, and decisions by the courts have only increased the confusion.

It is worth noting also that the 2004 Regulations permit the time limit, within which an employee must bring a Tribunal claim, to be extended in order for a grievance to be lodged. These rules are complex and tax even the experts. What this means for the employer is that Tribunal claims can now be presented up to six months after a resignation or an alleged incident of discrimination – employers can no longer be assured after three months that no claim can land on their desk.

Besides the law that applies to grievances and grievance handling, there is a more fundamental reason for dealing with them promptly and efficiently – an aggrieved employee is a potential disaster waiting to upset a client, etc. The problem should therefore be resolved promptly. Even when the statutory procedures brought in in 2004 are repealed there will still be the requirement to treat employees fairly. Failure to respond to a grievance promptly and in-line with your contractual terms will almost always be grounds for a successful claim for constructive dismissal. It is so easy to prevent – follow a fair grievance procedure.

For further information please contact Peter Hipkiss on 07966 112075 or via e-mail, Peter.Hipkiss@peninsula-uk.com.

Redundancy Process

Wed, 11 Feb 2009 10:59:00 GMT

Paraphrasing somewhat the definition of redundancy is: “…the need for employees to carry out work of a particular kind has ceased or will cease, has diminished or will diminish at that site.”

Peter Hipkiss, Consultant at Peninsula, takes a look at the redundancy process and guides employers through this difficult procedure.

Redundancy is a dismissal in law. It is one of the only six potentially fair reasons for dismissal. It is extraordinary how often employers say, “No, I didn’t dismiss him, I made him redundant,” or employees saying, “No I wasn’t dismissed, I was made redundant.” For employment to be terminated, by reason of redundancy, is a dismissal and there is a minefield of legislation to be negotiated before it can be carried out safely.

It is necessary to understand the essential difference between redundancy and the other potentially fair reasons for dismissal. With redundancy there is no culpability on the part of employee as there is, say, for someone who steals and is dismissed for gross misconduct. The employer is in effect terminating the employment of someone who is guilty of no wrong doing whatsoever. Consequently the terminology, conversations, letters, offers of assistance with references, even things like outplacement counselling, should reflect this fact.

There is complicated legislation governing redundancy. Statute identifies different rules depending on thresholds of numbers to be made redundant. Contract law will dictate certain requirements. Best practice either through ACAS codes, case law or simple “what is fair” as perceived by a Tribunal will all control the procedure to be followed.

Governments over many years have believed in the value of consultation in potential redundancy situations. The belief is that the employees carrying out the job(s) will know it best and, if consulted meaningfully, may well come up with ideas as to how the job(s) might be saved. Considerable importance is attached to consultation with any trade unions involved or, lacking their presence, the opportunity to elect worker representatives, to consult with the employer on behalf of their colleagues, must be provided. If employees do not wish to elect workforce representatives then it will still be necessary to consult with the workforce.

Consulting with employees may help to initially show how the job could be saved; reducing the numbers to be redundant and only proceeding to the second stage, of how the people carrying out the jobs can be saved; be more willing to agree to changes in working practices, job determination issues etc, and, having been part of the process, understand the necessity for any redundancies at the end of the process.

If the potential number to be dismissed is less than 20 then the statutory dispute resolution procedure applies as may a contractual redundancy policy or trade union agreement.

For 20 or more redundancies, 30 days consultation is required and for 100 or more, 90 days consultation is required. For 20 or more the employer should also complete an HRI form and send it to the local job centre.

For the purposes of consultation with a trade union or employee representatives the employer must disclose to them, in writing, the:

•   reasons for the proposals;
•   the numbers and description of proposed redundancies ;
•   the total number of employees of any such description at that site;
•   the proposed method of selection;
•   the proposed method of carrying out the dismissals (subject to procedures) and the timescale; and
•   the proposed method of calculating redundancy payments.

It may be beneficial to give full details of the circumstances leading up to the current situation and what has been done so far to try to prevent it. Redundancy situations commonly arise either because of a financial problem or there is now a job imbalance.

Tribunals take a dim view of an employer faced with a financial problem who fires a few employees as a resolution. In this situation employers need to explain to employees the attempts which have been made to increase sales by perhaps reducing prices and increasing income, renegotiating with suppliers, changing suppliers and perhaps sales promotions etc. A Tribunal will expect an employer to consider all these factors before considering redundancies.

If ideas of how the jobs can be saved are not forthcoming then the next step is to consider how to identify how potential redundant employees can be saved. Sometimes the selection is straight forward and a selection procedure can be carried out. Statute does not state what the procedure should be just that it should be “fair.”

The two most commonly used procedures have been last in – first out (LIFO) or an appraisal selection procedure to identify the most valuable employees to retain. LIFO has fallen out of favour recently following the introduction of age discrimination legislation. When using selection criteria ensure they are objective and relevant to the role. Individuals identified as potentially redundant should be invited to a meeting to discuss their score(s) taken from their appraisal. Provide, prior to the meeting and in writing, their own score(s) and that of the others in their pool. If possible have more than one person score. Ensure scorers have read each individual’s personnel file.

Individuals identified as potentially redundant should be invited to a meeting to discuss their score(s). Provide, prior to the meeting and in writing, their own score(s) and that of the others in their pool. Sometimes individuals argue that they should not be shown other employees scores because of “confidentiality.” Wrong-it is only by seeing their own score and being able to compare it to their colleagues that they can sensibly comment on the accuracy of the marking. Mistakes do happen and far better to discover the mistake before they are dismissed than at the Tribunal!

Assuming that no adjustments to the scores are necessary the employer must then consider if there are any alternative jobs available. A suitable alternative is one where the role is broadly similar with regard to the work itself; the emoluments for it; the status; the hours and the location. If such an offer is made, and the individual refuses it, they lose their right to a redundancy payment. If an alternative is “not suitable” then the employee has a right to a trial period of it, normally for up to four weeks. If they decide they do not want the job or the employer decides they are not suitable for it, then their right to redundancy payment still stands.

Special rules apply to women on ordinary or additional maternity leave. Such an individual is entitled to be offered, before the end of her current employment, alternative employment, if it is available, with her employer or associated employer. The new contract takes effect immediately following the old (i.e. with continuity of employment). The role must be both suitable in relation to the employee and appropriate for her in the circumstances and it must not be substantially less favourable than if she had carried on her old role. This area is fraught – take professional advice before acting!

Having reached the end of the process those selected for redundancy are dismissed. Employers should send a formal letter to the employee terminating the employment which contains either within the body of it, or as a separate attachment, a financial statement which complies with the requirements of statute, with regard to notice, or pay in any ex-gratia payments etc sufficient to enable them to calculate that the figures are correct. The formal letter should also contain the right to appeal.

Although, if the numbers to be made redundant are less than 20, there are no periods of time laid for consultation before dismissals can occur, since statutory disputes does apply i.e. “letter, meeting, appeal” it is unlikely that a period of less than two weeks would be adequate. The process on consulting as to how the jobs can be saved followed by how the job holders could be saved follows the same process as for redundancies of 20 or more. Although there is no requirement to allow the election of workforce representatives, you may still need to consult with a recognised trade union.

Getting the redundancy process wrong can be extremely costly with awards not only for unfair selection for redundancy, unfair dismissal and possible enhancements of up to 50% for breaches of the statutory disputes procedures but, alternatively, punishment awards of up to 90 days pay for failure to consult. Employers should take advice – and do so in good time- whenever situations such as these arise.

For further information please contact Peter Hipkiss on 07966 112075 or via e-mail, Peter.Hipkiss@peninsula-uk.com.

Peninsula, the employment law consultancy, looks at induction and training

Thu, 19 Feb 2009 09:07:00 GMT

The normally accepted definition of induction – is a formal introduction of a new starter to a new job. However, much time effort and money has been spent even before a new employee starts. A smooth professional introduction to the organisation and his/her role within it will ensure that money is not wasted and we have to start all over again because the newcomer promptly leaves because of an appalling reception into the organisation.

There are a whole host of subjects which need to be covered to effect the smooth induction of an individual into any organisation. Some will have to be carried out immediately on commencement, especially if there is a high security or health and safety risk; others are more suitably dealt with at a later stage.

A properly planned and executed induction programme will ensure a more relaxed and confident employee, comfortable with their new colleagues and their own role within the organisation. It also ensures that the employer complies with relevant statutory obligations in respect of health and safety regulations and safe systems of working. Someone in the organisation should be nominated as the person responsible for ensuring induction is properly carried out.

That person may carry it out themselves or delegate all or some of it to others. Some induction subjects are common to all starters whilst some will only apply to that job in that department. Inevitably, induction will have to be carried out over a period of time and will almost certainly involve more than one person. It is therefore vital that it is properly planned in a sensible order and recorded as completed, including the signature and date of the newcomer confirming the induction or elements of it have been completed.

Although planning an induction programme can be time consuming on the first occasion, the same routine can be used repeatedly in the future when little time will be required to update it. Try to add variety into the programme so that people do not spend long periods being talked at or are not easily bored. Clearly, any activity involving risk should be preceded by appropriate health and safety training.

Where the newcomer is acquiring knowledge through their induction and training, organise it in appropriate bite sizes. You must also ensure that the individual has retained what you have taught them. Simply asking someone if they have understood what they have been taught may not be enough to ensure they have learnt what they need to know. They should be given the opportunity to ask if they do not understand but it is the trainer’s responsibility to ensure the individual has learned therefore always “test” that you have been understood. Quizzes, “tell me what you’ve got to do”, “how many copies are required and to whom are they distributed?” and tests “show me at the end of each subject” are all ways of checking the information has been absorbed.

Trainees should be provided with their training programme, an understanding of why they are being taught those subjects and the value to them as an individual to learn them.

Clearly someone new to the organisation has to undergo intensive induction and training regarding every aspect of the business, its layout, rules, people, policies etc. As stated previously some of the subjects have to be dealt with immediately on commencement (for example, toilet facilities and critical Health and Safety issues) others are dealt with at later stages during the programme. Of particular importance and relevance these days is your Equal Opportunities Policy. Ensure it is properly taught and that you have a signature for having done so. (You also need to ensure that you enforce the policy if it is infringed)

The initial induction has to be signed off at its completion and the (Induction Checklist) record of it having been done is filed in the individuals personnel file. However, working practices and equipment rarely remains static for long. Where there are changes to be introduced forethought and planning, including consultation, with the workforce affected, will pay dividends.

Changes to an individual’s role, especially where it is to be expanded to include extra responsibilities, or where promotion to a more senior grade is involved poses its own particular problems. Again proper planning for the induction and training to be able to carry out the new duties, duly prioritised and recorded as appropriate, is essential.

It is, however, also essential to consider the selection of the individual who is to have his/her role expanded or who is to be promoted. The fact that someone is a good (or even your best) does not mean that he/she would make a good supervisor or manager. Care really must be taken in the selection of an individual for promotion to ensure the best chance of success. What do you do with the individual? Sack them? Not only have you then lost your supervisor but you have lost a good employee who was so highly valued you promoted him/her into the role of supervisor!

There are also the costs of having to go through the process again, the morale damage to the rest of the work force and knock-on costs because the team is currently leaderless until the appointment and “bedding-in” of the new supervisor.

Properly planned and executed training for new starts and ongoing changes/promotions, will lead to shorter time to a higher quality and quantity performance, hence lower costs; less “waste”, reduced rates of labour turnover; improved recruiting, greater willingness to retrain, and a higher morale amongst the workforce. On average statistics show that 50% of all leavers leave within the first three months and a further 25% leave within the second three months. This is mainly due to poor induction and training. Look at your own figures – every leaver costs you. Reduce your costs – improve your bottom line.

To contact Peninsula’s specialist consultant please call:

Peter Hipkiss,

M: 07966 112 075

Or

Simon Dodd

Tel: 0161 827 9918 (Xtn 8019)

Success Unlimited Training Sessions

Fri, 05 Dec 2008 09:07:00 GMT

The Christmas break is the time when most of us take stock of our current situation and decide to plan for the next year. With the current economic climate, this process could well be more important this year than ever ..!

With that in mind, we are now offering training sessions to enable people to achieve their goals and make the most of any interview opportunity.

Success Unlimited Sessions are to be held in Solihull and Birmingham in December and January

Effective Job Hunting (2½ hour session including interview techniques and CV improvement Service
Goals for Positive Impact (2½ hour session about maximising positive results through goal setting)

For further information or to book your place on one of the above training sessions for £24.65, please call Kim on 0121 711 2120

Redundancy

Thu, 19 Feb 2009 09:06:00 GMT

	Redundancy is a dismissal in law. It is one of six potentially fair reasons for dismissal and a minefield of legislation needs to be negotiated. With redundancy, there is no culpability on the part of employee. Statute identifies different rules depending on thresholds of numbers to be made redundant. Contract law will dictate certain requirements. Best practice either through ACAS codes, caselaw or simple “what is fair” as perceived by a Tribunal will control the procedure to be followed.

Redundancy is a dismissal in law. It is one of six potentially fair reasons for dismissal and a minefield of legislation needs to be negotiated. With redundancy, there is no culpability on the part of employee. Statute identifies different rules depending on thresholds of numbers to be made redundant. Contract law will dictate certain requirements. Best practice either through ACAS codes, caselaw or simple “what is fair” as perceived by a Tribunal will control the procedure to be followed.

The Government requires consultation in potential redundancy situations with a view to employees possibly suggesting ideas as to how jobs may be saved. Considerable importance is attached to consultation with any trade unions involved or, lacking their presence, elect worker representatives. If employees do not wish to elect workforce representatives then it will still be necessary to consult with the workforce.

If the potential number to be dismissed is less than 20 at one establishment within 90 days or less then the statutory dispute resolution procedure applies as may a contractual redundancy policy or trade union agreement.

If 20 - 99 redundancies are proposed at one establishment within such time frame, 30 days consultation is required and where 100 or more are proposed at one establishment, 90 days consultation is required. For 20 or more proposed redundancies the employer should also complete an HR1 form and send it to the Department of Business and Regulatory Reform.

For the purposes of consultation with a trade union or employee representatives the employer must disclose to them, in writing, all the details regarding the redundancies such as reasons for proposals and the proposed method of calculating redundancy payments.

Explain why the situation has arisen and steps taken so far in the process.

Tribunals take a dim view of employers faced with financial difficulties who dismiss employees as a resolution. Employers need to explain to employees attempts made to increase sales by perhaps reducing prices or changing suppliers. A Tribunal will expect an employer to consider these factors before considering redundancies.

If ideas of how the jobs can be saved are not forthcoming then, next, consider how to identify how potential redundant employees can be saved. The most commonly used method is a points based selection procedure to identify valuable employees to retain.

Individuals identified as potentially redundant should be invited to a meeting to discuss their score(s) taken from the selection procedure. Prior to the meeting, provide to the employee, in writing, their own score(s) and that of the others in their pool.

Assuming no adjustments to the scores are necessary the employer must consider any other available jobs. A suitable alternative is one where the role is broadly similar with regard to the work itself. Special rules apply to women on maternity leave.

Having reached the end of the process those selected for redundancy are dismissed. Employers should send a formal letter to the employee terminating the employment which contains a financial statement complying with the requirements of statute, with regard to notice, or pay in any ex-gratia payments etc sufficient to enable them to calculate that the figures are correct. The letter should contain the right to appeal.

To contact Peninsula’s specialist consultant please call:

Peter Hipkiss,

M: 07966 112 075

Or

Simon Dodd

Tel: 0161 827 9918 (Xtn 8019)

Article provided by Peninsula Business Services

Peninsula, the employment law consultnacy, looks at Job Advertising

Thu, 19 Feb 2009 09:05:00 GMT

There is an old truism that when you are in a swamp and the alligator is about to bite your head off it is difficult to remember that your intention was to drain the swamp!

So many laws support interrelate (or even contradict one another) that it is extremely difficult to understand and hang onto the basic principles in recruiting and managing people.

Astonishingly, employment law has developed and allowed the people in Britain today to have at least six rights which they could pursue to the Employment Tribunal before they are an employee, or even before have been interviewed! Those six are to be joined by others in the not too distant future. The existing six are concerned with discrimination on the grounds of age, race, sex, disability, trade union and (Northern Ireland only at present), religion/political opinion or persuasion. Therefore adverts should not contain any element, referring to these areas, which is directly or indirectly discriminatory.

But more of the law later. Why are you advertising? Recruitment advertising is usually for one of two purposes, to replace leavers or to increase numbers (presumably to cope with growth/increased production). It should only be done at the end of the thought process chain; it should not be that leavers are automatically replaced, like with like. Questions need to be asked first starting with, perhaps, why are they leaving and could something be done to persuade them to stay?

If they do leave - do you need to replace? Could the work be divided amongst a number of other employees thus cost saving. If some hours still need to be replaced (even all of them) is the replacement of a full-timer with a full-timer the best thing to do? Would two 20 hour, or four 10 hour workers, be more flexible and economic (especially if you can keep them below the income tax, NI, employer’s contribution threshold). Does this leaver offer the opportunity of re-structure, re-engineer working methods and system without problems of staff resistance?

Having explored these areas then thorough checking and updating of the job description to ensure it is still relevant is required next. Use the job description requirements to define the attributes required of the person to undertake the role, (called a personnel specification). For example, strict eye sight colour definition requirements required of airline pilots means that someone who is colour blind (especially red/green) simply cannot perform the job. Be sure that you do not introduce requirements which would indirectly discriminate by requiring a standard from an applicant that the job does not demand. For example a high standard of spoken and written English is not necessary for someone whose job is to pick out twigs/leaves, etc., from fruit passing along a production line.

Once you know what the job is and what it requires of the individual, the advert can then be drawn up. Job title should be the prominent heading. Adverts with the salary displayed attract a larger and more relevant response. Display the skill requirements prominently or else too many unqualified personnel will apply accordingly. Highlight benefits, not just financial but growth or promotion opportunities, growing market sector/market leader, etc. - if your job is not as attractive as others on the page there is a chance you will lose the applicant to them. Consider where and when to advertise and target carefully. Obviously avoid using any potentially discriminatory language, e.g. ‘Man Friday’ wanted as this clearly discriminates against female candidates and may even be classed as racist as well. “Waiter” is not acceptable, “Waiter/Waitress” is. Manager is acceptable, it is not necessary to state Manager/Manageress - but should there be any doubt make this clear. Make clear how applications should be submitted, e.g. application form, letter, letter and CV, fax, e-mail, etc., and by what closing date.

Time taken to carefully decide what precisely the job is, what is required of the individual(s) and how this can best be translated to an advert is rarely time wasted. “Staff wanted”, as an advert, usually is!

To contact Peninsula’s specialist consultant please call:

Peter Hipkiss,

M: 07966 112 075

Or

Simon Dodd

Tel: 0161 827 9918 (Xtn 8019)

Article provided by Peninsula Business Services

New Start

Tue, 02 Dec 2008 15:11:00 GMT

At this time of year many people start to re-evaluate their lives and reflect on what they have been doing, causing them to think about what they really want from life. It is a popular time to set goals for the year ahead both personally and professionally.

If your New Years resolution is to finally leave that job you dislike, then our consultants here at Outlook Unlimited may be able to help you do just that!

There is a lot to consider when looking for your next position - salary, location and more importantly job satisfaction. Below are some key points to consider when deciding what path to follow:

Consider what aspects of your current position you enjoy and which you dislike. This will enable you to focus on what you want from your next position.
Be realistic in the targets you set yourself, if you want a position that has opportunities for progression then look for companies that have a clear development plan, this could involve taking a drop in your current salary but could lead to so much more.
You should ask yourself why you want a new job. Is it because of the environment? Travelling distance? Salary? Or the job itself? Thinking carefully about these things can help you be sure of where you want to go next.
Once you have decided what you want, Revamp your CV to highlight the aspects of work that are relevant to your chosen path.
Keep positive! If at first you don’t succeed, try again! It’s not nice if you apply for a position and you are unsuccessful but look on the positive side, it has given you more experience and confidence with interview situations.

When you place your next career move in our hands, you can be confident that you will be dealt with to the highest ethical standards, underpinned by total belief in our values. From the very start we will work closely with you to understand your individual needs with the objective of ensuring that we place the right person in the right job at the right time, ensuring the best chance of your future success.

If you are interested in attending one of our Success Unlimited Interview Techniques Sessions, a recently launched training programme designed to improve your chances of getting that job you really want, please call today on 0121 711 2120

Surviving your first week in a new job

Tue, 02 Dec 2008 15:13:00 GMT

If you are starting a new job in January, you will probably be aware it can be a nerve racking experience, What if I can’t do what they ask of me? What if they don’t like me? What if I don’t like them?!

The transition from one job to the next can be a daunting experience but don’t worry! Here are some useful tips on how to make your first week in a new job a good experience.

What do I need to take with me?

There is so much to remember on your first day it is always a good idea to get together the necessary documents you need to have with you the night before, preventing any early morning panics! The paperwork needed will often include a form of photo ID, bank details and P45 from your previous employer. Also remember a lot of companies issue security passes on the first day of employment so put that extra bit of effort in preparing for work on your first day, you could end up with your photo taken and having to wear it around your neck for all to see for years to come!

Journey to work

Have your route to work planned. If you are using public transport, allow yourself plenty of time incase of delays or cancellations. If driving check traffic updates to ensure no roadworks or road closures on your route to work. The last thing you want on your first day is to arrive late and flustered with stories of your nightmare journey through rush-hour. If possible, do a trial run before your first day so you can establish exactly how long the journey will take.

Who should I ask for?

Save yourself some last minute nerves and take with you the contact details for the person you are meeting on arrival, in the midst of all the excitement and nerves, when starting your new job, it can be so easy to forget someone’s name or which entrance you should be using.

What next?

The first few days in a new job are often about getting to know people and learning the ropes. Be friendly and polite to everyone you meet and have confidence when telling them about yourself. This is your chance to make a great first impression and shine from the beginning of your employment. Sometimes when you start with a new company that has a well established team, they often know their jobs very well and use abbreviations when discussing things with each other. SLA, TBA, ASAP etc. If you don’t understand what they mean, now is the best time to ask! It will be wiser to check their meanings now than find out you’ve been misunderstanding a whole process or reason for working for 6 months!

Lunch

So it’s your first day in your new job, you’ve had a morning absorbing a load of information that still isn’t clear and now you have to walk into a canteen full of people you don’t know but all know each other. Great! The canteen doesn’t have to be a scary place, often you will have sat with someone to train you or been introduced to people who will be in your team, go over and ask to sit with them. It is better to seem sociable in the beginning and make friends so you can have some enjoyment at work rather than spend your lunch hours in your car listening to the radio or telling your partner how your day is going!

End of week celebration!

You did it! You survived your first week, made a few new friends and now your new colleagues want to take you to the pub to welcome you to the team. Be careful! The last thing you want to do is have a few lagers too many and tell your new acquaintances your life story! You want to be able to walk back into work on Monday feeling more confident than you did the week before, not with your head down grimacing at your recollection of the hilarious (or not so) stories you told the Friday before!

If you are interested in attending one of our Success Unlimited Goal Setting Sessions, a recently launched training programme designed to improve your chances of reaching your goals, please call today on 0121 711 2120

Reassure your Team

Thu, 20 Nov 2008 16:49:00 GMT

2008 has seen financial doom and gloom swamp the headlines on a daily basis, how is this affecting the confidence of your employees?

As we enter the slow down for Christmas, your staff may think of looking for employment elsewhere – can you risk losing valuable long term employees who have a great understanding of your company and have spent years building excellent rapports with your clients?

With this in mind, now would be a good time to have team meetings and let your staff know what your intentions are for 2009.
Letting your staff know about how the business plans to progress and what new, exciting opportunities may arise is a great way to prevent them looking for new employment as soon as January hits.

Take the time to set objectives, training plans and incentives for your team, showing that despite the economic worries they wake up to hear on breakfast news everyday that your business is secure and you have contingency plans in place to get you through the well publicised ‘recession’.

The last thing you want in January is a well experienced member of your team handing their notice in due to uncertainty regarding the company’s future in these turbulent times.

New Website released

Mon, 03 Nov 2008 13:49:00 GMT

Outlook Unlimited's new website is here with a new look and some other added features:

Online Candidate Registry

Our candidates can now register their details online and upload their CV's, streamlining the whole recruitment process, allowing our representitives to focus on solving the people puzzle more efficiently for candidates and clients alike.

Click here to register your details online now.

Job Vacancies and Online Applications

As a registered Outlook Unlimited Candidate, you will have access to your own personalised online recruitment area.
Services include:

Check your recruitment history - find out how things are going from any computer
Help us help you by keeping your details and CV up-to-date at the touch of button
Job Vacancies - View and apply for jobs online, without having to enter your detials over and over again

We also have a few personalised services in the pipeline, such has an online CV builder to make sure you get the best out of your CV and a better contact process to help you get in touch with us easier and when it suits you to do so.

Candidate Specific Offers

As well as our recruitment and job seeker services, we also want to help our candidates outside of their working life by providing special offers from our partners to help with day-to-day things such as phone and household bills, with much more coming in the future.
Register as a candidate now for more information

Employment Law – Changes that may affect you

Mon, 03 Nov 2008 19:39:00 GMT

National Minimum Wage Regulations 1999 (Amendment) Regulations 2008 come into force 1 October 2008.
The Regulations increase the main (adult) rate of the national minimum wage from £5.52 to £5.73 per hour

In addition, the development rate increases from £4.60 to £4.77 and rate for workers aged 16 and 17 increases from £3.40 to £3.53 per hour.

Amendments to law on terms and conditions of employment during maternity and adoption leave 5 October 2008
Employees on additional maternity or adoption leave are entitled, like employees taking ordinary leave, to the benefit of all the non-remuneration terms and conditions of employment that would have applied if they had not been absent. The amendments apply to employees with an expected week of childbirth on or after 5 October 2008, and those with a child expected to be placed with them for adoption on or after this date.

Fixed-term Employees (Prevention of Less Favourable Treatment) (Amendment) Regulations 2008 come into force 27 October 2008. The Regulations amend the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 so that agency workers on contracts of less than three months are not excluded from statutory sick pay. The draft regulations can be viewed on the OPSI website.
OPSI Website - Office of Public Sector Information - www.opsi.gov.uk

It takes 21 years to become a CEO

Mon, 03 Nov 2008 19:38:00 GMT

In the age of Dragon’s Den, The Apprentice and Secret Millionaire, it still takes 21 years to become a CEO.Whilst business TV shows may be fuelling Boardroom ambitions, the average tenure for board level executives is 21 years.

Dragon’s Den and The Apprentice may be fuelling bright ideas and CEO aspirations across the country. However, according to a leading senior executive careers site, the average tenure of Board level executives registered on the site is 21.7 years.Recognising the ambitions of job-seekers, the careers site has asked a panel of senior executives from its US and UK business to give golden tips on becoming a CEO candidate.

The list of the ten most common tips from the top are as follows:

Ensure you have a good knowledge base from different businesses and industries.
Network, network, network. Online and offline, a good network is invaluable.
Leadership skills that have been challenged.
Dedication. Job hopping from one position to the next for more money or a title does not always reflect favourably on the individual.
Build a profile about yourself and your work. Win accolades for your business and demonstrate your worth.
Be brave! Senior executives who have made big career moves when they were young, have often managed to hang on and be part of a company’s big succession plan.
Work across different industries, taking-on different positions to show you know how a business works from all aspects of the chain.
Have a broad range of skills. This means that you will be well equipped to handle most situations thrown at you.
Listen - to your teams, to your peers, to your predecessors. This is not a natural skill for an entrepreneur which is why the best ones work alongside a CEO.
Stick at it!