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ELITE SELECTION Services Changing the Way the World Recruits
No.32 - Feb 2007

Good morning!

Our newsletter is intended to be interesting and informative covering a range of employment issues, updating you with employment law and providing interesting articles relevant to the construction industry.

If you have any suggestions for future issues or would like to see a new subject covered please let us know. Also any nice comments on the newsletter - or I suppose any criticisms would be welcome.

Any comments or articles in the newsletter that concern employment law or legal matters are for information only and you should always take professional advice before taking any actions.

in this issue
  • How not to get hired, and love it
  • Interview skills tip: two little words
  • Employment and the Law – Recent Developments
  • Their Accident - your responsibility
  • Word of the Month
  • My Favourites

  • Interview skills tip: two little words

    This tip on interview skills is all about two little words that when added into your interview discussions will allow you to get the most from the interviewee and encourage them to really open up with the real answers to your questions.

    I am sure that you already ask your interviewee to expand on the answer they give you with such phrases as " Tell me about it" or “That’s interesting, tell me more " or " How did you achieve that result?" etc. However, how many of us once our question is answered, simply move on to another subject? Instead, the next time, once they give you an answer encourage them to expand by saying "Anything else?" I'll give you an example of that in action. In the following sketch (K) for Ken is the interviewee and, William (W), is the interviewer.


    (W) So, Ken, if you had to tell me the main reason you applied for the job what would it be?
    (K) I guess it would have to be the challenge - it sounds a really exciting job!
    (W) Tell me why.
    (K) Well, my existing job has all but dried up for me in terms of learning anything new.
    (W) Anything else?
    (K) Yes, the location really suits me.
    (W) Why is that?
    (K) My wife has just moved jobs and is working quite near your offices so that will cut down on travelling expenses if we share a car.
    (W) Anything else?
    (K) And my girlfriend lives just across the road!

    Too much information!!!

    Seriously though, did you notice the questioning technique used? He was asked “What is the main reason?” then asked Ken to expand, and then asked “Anything else?” then “Why?” and then “Anything else?” Etc.

    This style of questioning becomes vital when asking interviewees what they don’t like or what they would wish to better about their current job if they could, because you very seldom get to the real reason or the major issue straight away. By asking “What’s the one thing?” then “Tell me about it” and then “Anything else?” you will eventually get to the heart of the matter. The secret with this technique is not to stop asking “Anything else?” until the interviewee says “No, that’s just about it.” Not only will you uncover a whole load of valuable information about the job they do and that organisation, but you will gain a great insight into their personality, too. Remember these two simple words “Anything else?”


    Employment and the Law – Recent Developments
    Victory bonds our obligation

    One of our regular articles summarising recent employment developments, here we provide an overview of the events of the last couple of months and considers what 2007 holds in store.

    Mandatory retirement ages – referral to ECJ
    Following a report that the High Court would be hearing an application for judicial review of the Employment Equality (Age) Regulations 2006, it is understood that the matter has now been referred to the European Court of Justice (ECJ).
    Heyday, a member organisation for people approaching retirement, applied for judicial review of the new legislation as the decision to permit mandatory retirement ages forced workers into retirement. As only a few months have passed since age discrimination legislation came into force, it is unfortunate that it will now be some time before we receive the ECJ’s decision.

    Time up for the opt-out?
    Working time has been a recent hot topic, particularly the issue of workers being able to 'opt out' of the 48 hour limit on average weekly working time.
    The UK, together with other member states, has been responsible for stalling the European Commission's proposals to amend the Working Time Directive and address the future of the opt-out. The Finnish presidency of the EU has attempted to resolve the matter, examining a number of options, including maintaining the opt-out under strict conditions and introducing a 60 hour week cap.
    Despite the options presented, however, the issue is yet to be resolved. The compromise put forward proved unacceptable to a number of other member states, because there was no firm end date to the opt-out. The stalemate now requires the Commission to go back to the drawing board and it remains to be seen whether 2007 will bring any resolution.

    Rolled-up holiday pay
    The issue of rolled-up holiday pay under the Working Time Regulations 1998 has also been rumbling on for some time. Many workers in the UK have rolled-up holiday pay arrangements, with an element of holiday pay being included in their hourly rate, rather than it being paid when their leave is actually taken. Whether this arrangement is lawful has been the subject of much litigation.
    The ECJ recently held that it is unlawful to roll-up holiday payments, but a transparent and genuine rolled-up element which has already been paid can go towards discharging the statutory payment due for a specific period of leave. Although the Court of Appeal has reconsidered the case concerned, it has remitted the case to a tribunal for a rehearing, in light of the ECJ's ruling. As no guidance was provided by the Court of Appeal, we must wait for further clarification of this problem area.

    Additional paternity leave and pay
    Following its recent consultation paper outlining the new additional paternity leave and pay scheme, the Government has now published its response.
    The new scheme is due to be introduced by 2010. It will permit an employed father or partner of a mother to be absent from work for a maximum of 26 weeks to care for a child, before the child's first birthday, once the mother has returned to work. To qualify, a father will have to have been eligible for ordinary paternity leave with the same employer. It is anticipated that a mother will be deemed to have returned to work if she has ended her leave and stopped receiving maternity or adoption pay.

    Highlights for 2007
    This year is going to be eventful for employment law. In addition to the numerous court and tribunal decisions we will see over the course of the year, there are a number of other developments which will impact on recruiters and employers. Here is just a handful:

    February 2007 - The annual increase in the tribunal limits will come into force, affecting, amongst others, the maximum compensatory award for unfair dismissal, which will increase from £58,400 to £60,600, and the maximum limit on a week's pay, for the purposes of calculating a redundancy payment or the basic award for unfair dismissal, which will increase from £290 to £310.

    April 2007 - Employees whose expected week of childbirth is on or after 1 April can expect a variety of changes. These include the removal of the qualifying period for additional maternity leave, entitling women who qualify for ordinary maternity leave to 52 weeks’ maternity leave and the introduction of ‘keeping in touch’ days, allowing employees on statutory maternity and adoption leave to work for up to 10 days during a leave period without bringing that period to an end or losing statutory pay. The right to request flexible working is also due to be extended.

    July 2007 – A ban on smoking in enclosed public places, workplaces and vehicles will come into force. If an employer fails to display the requisite signs or prevent smoking in the workplace, it may face a fixed penalty or fine.

    October 2007 - The Commission for Equality and Human Rights will be established, providing a single equality body and merging the Equal Opportunities Commission, the Disability Rights Commission and the Commission for Racial Equality.


    Their Accident - your responsibility
    Our Home is our Castle unless the council says so!!

    Your employee was on the way to the post office to drop off a late parcel, driving their own car. In the past your condolences would have gone out to them and their family. Today, sympathy isn't enough. That accident could result in your business facing unlimited fines and possible jail sentences for Directors and Line Managers

    Here are some of the questions the Police will be asking you:

    • Was their vehicle insured for business use?
    • Was it maintained to the manufacturer's service schedule?
    • How many hours had the driver been working that day?
    • Were they on the safest route they could have taken?
    • Where they taking any medication that could effect their driving?

    If you can't answer these, and many other questions, supported with written evidence you and your company could face prosecution, and you could go to jail. Don't let this happen to you.


    Word of the Month

    variegate
    var·i·e·gate Pronunciation (vār--gt, vār-gt, vr-)
    tr.v. var·i·e·gat·ed, var·i·e·gat·ing, var·i·e·gates

    1. To change the appearance of, especially by marking with different colors; streak.
    2. To give variety to; make varied.

    [From Late Latin variegtus, past participle of variegre : Latin varius, various + Latin agere, to do, drive; see ag- in Indo-European roots.]
    vari·e·gator n.


    My Favourites

    http://www.bo okcrossing.com - Share your books with others via this site. You leave a book somewhere, register it on the site, someone else picks it up and reads it, then leaves it somewhere else, and so it goes on.

    http://ajax .parish.ath.cx/translator - Translates into one of five languages as you type. Spanish, German, Italian, Portuguese or French


    How not to get hired, and love it

    Remarks from a Candidate
    I want to share a story about how I was not hired. I interviewed and did not get the job. Although the job was through a recruiter and my first interview was with potentially my direct line manager, the Commercial Director called me himself. He said it was a difficult decision, but he was impressed with my qualifications and asked if I wanted to be considered for future openings. This is a very busy person who travels non-stop and has all of the same reasons that everyone else has for not following up with people. Yet he made the time to tell me his decision himself.

    In my whole life, this has never happened. I think the benefits of an employer handling a situation like this are tremendous. Would I send him business if I had the opportunity? Would I recommend this company to other people? Of course!

    I hope other employers read this and act accordingly. You have everything to gain by being direct and honest with people who have invested time with you and your company regardless of the outcome. To everyone who has ever been rejected for a job, I hope someday you get treated like this. Simple decency goes a long way. It changes everything.

    Bob's Reply
    People usually miss one very important thing when they are rejected by an employer: The employer may be right. Why? Because there are not 400 jobs for youor even 40. Now that I've gotten that off my chest. Thanks to the candidate for sharing his experience. It's important to emphasize what really happened here, what did not happen, and why the candidate was happy after being rejected.

    First, the director took personal responsibility for notifying him of his decision. He established his credibility, he acknowledged his value. That's the benefit the candidate received even though he was rejected. That's why he would recommend this company to others.

    Finally, he was treated respectfully. The respect he was shown left him with respect for the company. Anyone in public relations understands the tremendous value of leaving a positive impression in the professional community. What you say to ten people about your experience will be amplified in unexpected ways, to the company's benefit. This is the kind of public relations that money cannot buy.

    The next time you interview a job candidate, remember that the Director in this story is your competition. Are you as good as that?

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