CONTENTS

• My Favourites (Dan Ferrandino from Reed Managed Services)
• Article One (Legal Developments in the Year Ahead – 2006 by Gareth Williams of Penn Legal )
• Article Two (Sales Motivation: How to Get Dialling – Part Four, by Mark Whitby)
• Don't Miss This (January 2006 FTI course special offer - Discussion Forum - Roving Reporter Required, Top-Consultant.com's annual recruiters' event - Discounted rate for www.ITJobsPost.Com)
• Statistics (Hitwise Top 10 Recruitment Sites)
• Subscribe/Unsubscribe
• Feedback & Advertising Information

Visit http://www.careersinrecruitment.com for the latest recruitment industry jobs.

My Favourites

www.nomisweb.co.uk - an invaluable site from the Office of National Statistics that provides free access to 'the most detailed and up-to-date labour market statistics from official sources for local areas throughout the UK'

www.askoxford.com - when you can't decide whether it's 'complimentary' or 'complementary', or if you just want to learn a new word of the day, this site can help with both business and everyday English usage.

www.iwantoneofthose.com - full of gizmos and gadgets that you really can't do without - such as starfish alarms that tell you when your bath is getting full, and stickers to turn your fridge into a cow (oh yes!)

Dan Ferrandino, Director, Reed Managed Services

Why not submit your 3 favourite web sites. See the guidelines at http://www.ukrecruiter.co.uk/articles.htm

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Article One: Legal Developments in the Year Ahead – 2006 by Gareth Williams of Penn Legal 

2006 promises to be another year of legal change for the recruitment industry. Fortunately some of the more worrying potential legislative changes, such as the restrictive Agency Workers Directive appear to have ‘died a death’, at least for the time being. So what can we expect by way of legal developments in the year ahead? This is my assessment of the developments which are most likely to be of significance to your business.

Employment Status – ever since the case of Brook Street –v- Dacas, in which a temporary agency worker was said to potentially be the employee of the end user client, the recruitment industry has suffered from uncertainty as to the employment status of ‘temps’. In 2005 this uncertainty was compounded by a ruling in Cable & Wireless –v- Muscat, which said that, on the facts of the case, a limited company contractor was also employed by the end user client. 

In November 2005 the Court of Appeal considered the merits of this case and is due to make a ruling in early 2006. Having sat through the case I believe it is impossible to accurately second guess the judgment of the Court of Appeal, although I do expect them to make a statement clarifying the law in respect of both PAYE temps and Contractors.

Age Discrimination – in October The Employment Equality (Age) Regulations 2006 will come into force. Amongst the changes will be a ban on age discrimination, both direct and indirect discrimination, except where the discrimination is a proportionate means of achieving a legitimate aim, or where there is a genuine occupational requirement for someone to be of a certain age which it is appropriate and necessary for the employer to implement. There will also be a ban on compulsory retirement ages being set at below 65 (except where this is objectively justified) and a duty on employers to consider an employees requests to continue working beyond retirement.

TUPE – in April 2006 the new TUPE (Transfer of Undertakings (Protection of Employment) Regulations) regulations will be introduced. These regulations provide clarification as to the application of TUPE to the contracting out of services and clarify how, and when, employers can legally dismiss employees or change their terms and conditions of employment in connection with a transfer.

Holiday Pay – the common practice of paying ‘rolled up’ holiday pay to ‘temps’ has been of uncertain legality. The English Courts have approved such arrangements (if properly administered), whereas the Scottish Courts have ruled such practices to be a breach of the Working Time Directive. The European Court of Justice has been asked to rule upon the issues involved and, while it is too early to say for sure, the early indications are that they will approve such arrangements, provided they are properly administered.

VAT – the scope for staffing companies providing VAT friendly ‘margin only’ services to VAT exempt end-users was restricted by regulations in 2004. Customs & Excise said they would wait until the beginning of 2006 before evaluating the impact of these regulations and considering further changes. While changes to VAT law may not take effect in 2006 this is the year in which Customs will be looking at changes to the law and many staffing companies and VAT exempt end-users will wish to follow developments closely.

Gareth Williams specialises in Employment and Recruitment Law at Penn Legal. Email: gareth.williams@pennlegal.co.uk. Telephone 0870 043 4361. 

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Article Two: Sales Motivation: How to Get Dialling – Part Four, by Mark Whitby

Continued his series of articles Mark Whitby is sharing his knowledge and giving tips on sales techniques for recruiters. (if you need another copy of any of the previous articles - in ukrecruiter newsletter issue 239, 241 and 243 - please email newsletter@ukrecruiter.co.uk and we'll email them to you)

12. To overcome call reluctance, use the carrot & the stick! The carrot is pleasure and the stick is pain. All human behaviour is motivated by two forces – our need to avoid pain and our desire to gain pleasure. This is a survival mechanism that is hardwired into our nervous system. If you ever procrastinate when it comes to prospecting, it’s because at some level you associate pain to making sales calls. No amount of willpower is going to change that. Instead of trying to force yourself to do something you don’t like, you need to change your psychology so that you WANT to pick up the phone. We need to change our neuro-associations (the things our brain links pain and pleasure to) so that we associate pleasure to making sales calls, and pain to NOT doing it. Make sense? Great. Now this isn’t something you can achieve just by reading passively. It’s going to require effort and your part. If you’re serious about maximising your sales performance, then please take 5-10 minutes to do the following exercise. It’s important to write down your answers because it will reinforce the new feelings you want to create. 

I want you to ask yourself two very important questions…

a) What will it cost you if you fail to canvass consistently? 
Write a whole paragraph right now. What will it cost you financially – in terms of missed opportunities and lost commissions? If you don’t make as much money as you’d like, how does that affect your standard of living? What about your financial security and your ability to provide for your family? What about the lack of freedom – in the form of having fewer choices? And if your finances are suffering, what will that do to your self-esteem? What effect will it have you on your relationships? What about your career prospects? How do they look when you’re not realising your full potential? Project yourself 5 years into the future, having failed to take action in this area. Where are you in your career compared to where you could be? When you look at yourself in the mirror, who do you see looking back at you? How do you feel about that? Really put it on yourself. Do not hold back – let the emotion come out. The more strongly you can associate to these unpleasant feelings, the more powerful this exercise will be.

OK, you’ve done the hard part. If you’ve really gone for it and done this exercise to the best of your ability, you’re probably experiencing some pain right now. Pain can be good sometimes – it can drive us to new heights of success. Every time I do this exercise it has helped me to grow and become stronger.

Hopefully we now have enough pain associated to not taking action. Let’s look at the flip side:

(b) How will you benefit from canvassing on a consistent basis? 
What will you gain financially? How will that affect your sales figures, your commission, your earnings and therefore your standard of living? What will you be able to do, have, experience, contribute by improving your financial situation? What else will you gain? How about your level of job satisfaction? Or the sense of achievement? The acknowledgement and respect of your colleagues? What about all the new contacts you’ll make? Who knows what the effect of that will have on your ultimate destiny? The contacts you make now will repay you a thousand fold throughout your career! How will achieving in this area enable you to contribute to your family, your company, your community? What other pleasure will you get – maybe it’s the buzz of winning a new vacancy, or the adrenaline rush of persuading another human being to your point of view? Maybe it’s the satisfaction of turning up to your next team meeting with tons of new vacancies to report. Or maybe it’s the satisfaction of making a call and really connecting with someone who ultimately becomes one of your best clients. Or maybe it’s the thrill of having contact with so many new people every day. What else will you gain – project yourself 5 years into the future. By virtue of having mastered this area, what else have you been able to accomplish? What other doors have opened to you? What people and opportunities have you attracted into your life? What’s been the impact on your self-esteem? How has the affected the quality of your relationships? 

OK great job! If you’ve done this exercise properly, you’ve started stoking the flames of your desire. Now if you find that your motivation ever diminishes, you can come back to this exercise and do it again, and put even more emotion into it. The more emotion you put into it, the greater the intensity of desire you’ll experience!

The reality is that I can’t motivate you, nor can your boss, nor can anyone else. The only person who can motivate you is YOU. So here’s my challenge. Now that you’ve read my 12 tips for sales motivation, which of these ideas are you actually going to apply? Make a commitment to yourself right now. Choose 1-2 actions that make sense to you, and put them into practice immediately – as in today. In fact, why not start right now? Good luck!

Mark Whitby is a coach, consultant and trainer who helps UK recruiters to maximise their performance. For more information, call 0800 019 8899 or visit www.recruitmentcoach.com 

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Roving Reporter Required, Top-Consultant.com's annual recruiters' event
If you are planning to attend Top-Consultant.com's event and would like to write an article about it for the newsletter please let me know.  More information on the event can be found at http://www.top-consultant.com/UK/events/Article_display.asp?ID=7

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ukrecruiter subscribers can sign up for unlimited IT Job Posting and CV Database access for all of 2006 for the reduced offer price of just £999 for the year (the standard annual price is £1200).  IT Jobs Post deals specifically in IT recruitment, and the job board has been established since 1999. For more information or to sign up to this offer email UKRecruiterOffer@itjobspost.com. The opportunity to sign up at this discounted price expires on the 25th January.

UK Recruiter Discussion Forum - Are you using it? 
Don't forget to visit http://www.ukrecruiter.co.uk/forum. Current topics on the site include Low Fee Agencies, Question of Morality and Working for large, well-known recruiters an advantage?  It is free to use the discussion board and you don't have to register to view messages. Visit the site; ask questions and share your knowledge

Statistics

Hitwise top 10 Recruitment Sites, week ending 8th January 2006
The most visited UK recruitment sites last week, starting with the most popular, were Jobcentreplus.gov.uk, Monster.co.uk, Jobsite.co.uk, Totaljobs.co.uk, friendsreunitedjobs.co.uk, jobs.nhs.uk, jobs.guardian.co.uk,  TESjobs.co.uk and  eteach.com. For more information about Hitwise, visit http://www.hitwise.co.uk

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