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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.
| Interview skills tip: two little words |
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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?”
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| Employment and the Law – Recent Developments |
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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.
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| Their Accident - your responsibility |
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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.
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| Word of the Month |
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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
- To change the appearance of, especially by
marking with different colors; streak.
- 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.
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| My Favourites |
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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
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How not to get hired, and love it |
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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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