CONTENTS

• My Favourites (request)
• Article One (Employment and the Law – Recent Developments by Louise Fernandes)
• Article Two (Networking by Gaynor Lowndes)
• Don't Miss This (REC News Roundup - Discount on Proactive Candidate Generation Techniques; 27th April - CV Library Winner - UK Recruiter Website Tip: Library and Research Job Boards)
• Discussion Board Summary
• Online Recruitment Update (Hitwise Top 10 Recruitment Sites - Louise's UK Recruiter Blog - PR: Career Concerns - PR: Increase in financiers on LondonCareers.net)
• Subscribe/Unsubscribe
• Feedback & Advertising Information

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Article One: Employment and the Law – Recent Developments by Louise Fernandes

Employment law developments are continuing apace this month, as Louise Fernandes of Field Fisher Waterhouse LLP outlines below. 

Ringing the changes 
This month has already seen a number of employment law changes. Here is a selection of the changes so far: 

1 April

• Statutory paternity pay, statutory adoption pay and the basic rate of statutory maternity pay increased from £108.85 to £112.75 a week.

• The much talked about changes to maternity and adoption leave (e.g. the extension of paid maternity leave from six to nine months and the introduction of "keeping in touch days") apply where the expected week of childbirth or placement for adoption falls on or after 1 April.

2 April

• The ban on smoking in enclosed or substantially enclosed public spaces and workplaces started to apply to Wales on 2 April. A similar ban will apply to England from 1 July (see further below).

6 April

• The right to request flexible working arrangements will extend to carers of adults.

• Statutory sick pay will increase from £70.05 to £72.55 a week.

• The Information and Consultation of Employees Regulations 2004, which establish a framework for informing and consulting employees, will apply to all employers with 100 or more employees.

Agency workers - in the tribunals again
The last few months have seen a number of cases dealing with the status of agency workers. At issue in each of them have been the rights of an agency worker and the obligations of an "end user", in a triangular arrangement, where an end user contracts with an agency for the supply of a worker. Whilst there is a contract between the end user and the agency and a separate contract between the agency and the worker, there is usually no written contract between the worker and the end user. The triangular arrangement has caused untold difficulties for agency workers who want to claim unfair dismissal against the end user; a claim which can only be brought by employees.

Two recent decisions followed the trend set by James v Greenwich Council and Craigie v London Borough of Haringey (reported in our earlier articles), which established that the agency workers in those cases were not employees of the end user.

In Heatherwood and Wexham Park Hospitals NHS Trust v Kulubowila and ors, the Employment Appeal Tribunal (EAT) confirmed that it was not enough to form the view that because the worker looked like an employee, acted like an employee and was treated like an employee, the business reality was that he was an employee and that the tribunal must therefore imply a contract of employment. As the affairs of the parties were consistent with the express triangular agreements (i.e. the contract for services between the worker and the agency and the contract between the agency and the end user), it was not necessary to infer a contract of employment between the Trust and the worker. 

Similarly, in Astbury v Gist Ltd, the EAT again confirmed that a contract of service did not exist between the worker and the end user. Both cases note that if Parliament had intended agency workers to enjoy ordinary unfair dismissal protection against end users, it would have extended that protection to them. It has not yet done so and therefore a change in legislation would be required. 

Smoke signals

• The ban on smoking in enclosed public places and workplaces will come into effect in England on 1 July 2007. There has been widespread confusion about the extent of the ban, so here is a summary of the key provisions:

• Premises must be smoke-free if they are used as a place of work, or they are open to the public or any section of the public, to the extent that these are “enclosed” or “substantially enclosed”.

• Premises are enclosed if they have a ceiling or roof, and (apart from doors, windows and passageways) they are wholly enclosed, permanently or temporarily. Premises are substantially enclosed if they have a ceiling or roof and less than half of their perimeter consists of openings in the walls, other than windows, doors or openings which can be shut. 

• Employers are not obliged to provide smoking areas. If a smoking shelter is substantially enclosed, it will be subject to the smoking ban. In considering whether to provide smoking shelters for staff, employers need to consider not only compliance with the regulations but also other safety issues, such as blocking fire exits. The law does not prevent employees from smoking in the open air outside their place of work. 

• It will be a criminal offence for the management of smoke-free premises to fail to put up no-smoking signs in a no-smoking area. It will also be a criminal offence to fail to stop a person from smoking in a no-smoking area. It will, however, be a defence to show that the manager of smoke-free premises:

  - took reasonable steps to cause the person in question to stop smoking, 
  - that he didn’t know the person in question was smoking, or 
  - that on other grounds it was reasonable for him not to comply with the duty.

• Failure to display a no-smoking sign will incur a fine of up to £1,000 on summary conviction but more likely a £200 fixed penalty (with a £50 discount if paid within 15 days). Smoking in smoke-free premises or a smoke-free vehicle will cost the individual up to £200 if they are found guilty in court or a £50 fixed penalty (£30 for early payers). The courts may impose a fine of up to £2,500 for employers who fail to prevent smoking in their premises.
  

Louise Fernandes is the Professional Support Lawyer in the Employment Department at Field Fisher Waterhouse LLP and can be contacted at louise.fernandes@ffw.com. 

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Article Two: Networking by Gaynor Lowndes

Networking is the art of building and sustaining mutually beneficial relationships. It is the way we will do business into the future. Forget cold calling, become an expert networker and you won ’t ever have to make a cold call again. In the definition above, it is important to highlight that the relationship must be mutually
beneficial –that is, the relationship must provide a win for both parties. I think that ’s where most of us get it wrong. We take the “spray and pray ”approach when networking. That is, we give out and take as many business cards from as many people as possible without too much thought to each encounter. Networking
is actually about helping others and allowing others to help you – it ’s not about selling anything! (not at this stage anyway). 

There are three types of people in this world; those who make thinks happen, those that watch things happen and those that wonder what has happened. Expert networkers make things happen. First impressions are important and your reputation starts with the first impression. Your reputation is what others think of you – it starts with the first impression and then builds as people get to know you. You can quite easily destroy your reputation if you act inconsistently or unpredictably. Remember that for networking to be worthwhile, you must GIVE as well as TAKE.

The interesting thing is that networking is actually about building relationships before you need them and then when you do, you can be sure that the person contacted will be willing to help. Diane Darling, in her book Networking for Career Success, says that “It ’s a personal connection with people who may want what you have, know others who do, or play a role in the decision. Selling connects the solution and the problem. When marketing and networking have done what they can do, selling is much easier ”.

There are many different types of networks – your family, your partner ’s family, neighbourhood; business and if you have children then there is also the school and childcare center networks. Having said that, I know that many of you have outlook folders full of contacts, yet how much do you know about each of those contacts. A person is not in your network unless you know about them both personally and professionally and if called upon they would want to help you.

I have always had a fear of networking. I am an extrovert, but would rather stick a pin in my eye than walk up to someone I don ’t know and strike up a conversation. My brother on the other hand is an excellent networker. He, interestingly is an introvert, yet can walk up to any person in a room and make them feel special. He is a natural networker and when I considered his approach, I noticed the following things:

• Approach those that are either standing on their own or don ’t look huddled in an intimate conversation

• Shake hands, make eye contact, smile and request a business card

• Keep your hands out of your pockets and maintain a friendly body language

• Keep your questions neutral, eg What brings you here?, How do you know the host?, What made you decide to come to this event?

• Actively listen. That is, focus on what is being said and make a mental note of what is being said.

• Make a note about each person on their business card so you don ’t forget the encounter.

• Always leave before the other person. Say “it was lovely to meet you and thank you for spending time with me ”.

Another important thing to remember before attending any event is to make sure that you have packed your kit (business cards; paper for note taking etc) and that you are dressed appropriately. Remember that first impressions are very important so don ’t risk standing out!

Expert networkers know how to scan the room and get a sense of who is there before deciding who to approach. If you want to approach VIP ’s, then do so early before they get swamped. Make sure that you have done some research on the person before the event so that you can strike up a meaningful dialogue.

Always ask for a business card before offering yours. Make sure to focus on contacts not cards – the art of networking is about making valuable contacts who you can help and who can help you.

Successful headhunters know the importance of creating networks. Imagine how much easier your job would become if you knew where to go for help in sourcing your ideal candidate.

Follow up
Networking is about building relationships. Ask about preferences for follow up (e-mail; telephone etc.) and use that method. If you invite someone to lunch or coffee, be clear about your expectations. Follow up on a regular basis. When phoning, know what you want and what you are going to say. Always return calls within 48 hours and answer e-mail promptly, always using e-mail etiquette.

Once or twice a month, meet with someone you like and ask what you can do for them. Get involved with professional organisations and organize networking meetings within your company. A word of caution though – choose your causes carefully. Whether you choose a cause for business or personal reasons, it will reflect on both. Maintain your network and you will never have to start from scratch again.

Gaynor Lowndes, the Managing Director of The Recruitment Training Company, has over 18 years recruitment experience, gained in both Australia and the UK. If you liked this article, consider Gaynor’s highly successful book “The Art of Recruitment”. Visit www.trtc.com.au to place your order.

Don't Miss This

REC News Roundup
These are links to a selection of press releases the Recruitment Employment Confederation (REC) have produced in the last couple of weeks 

• Unions ramp up campaign against agency work

• Recruiters keep an eye on the new immigration scheme

Discount on Proactive Candidate Generation Techniques - Friday 27th April - Brighton and Hove
"Specifically designed to ensure all participants can identify, attract and secure the best Candidates in the market. This course is ideal for anyone who could make more placements if they had better quality Candidates. Delegates will find the best Candidates in the market rather than on the market."  Usually £249 + VAT per delegate, UK Recruiter Readers offer £149 per delegate.  Call 0800 9702901 or email so@recruitmentstore.com for further details.

CV Library Competition Winner
Srinivas Gundelli of Microcom Ltd won April's CV Library competition - giving three month's access to CV Library's candidate database.

UK Recruiter Website Tip: Library and Research Job Boards 
We list UK based job boards that specialise in vacancies for librarians and research professionals at http://www.ukrecruiter.co.uk/jobboards/research.htm.  Each with a description of their services and a link direct to their website. 

Discussion Board Summary

Don't forget to visit The Discussion Board. Current topics on the site include:

• CAS is looking for Shared office space with another recruiter

• Supplement wonders What is Google up to

• An anon recruiter asks How can I improve?

• Conversations about Split Fees, Start up advice and Why Go It Alone on a Shoestring? continue

Any postings you or anyone else makes will be included in the weekly digest. Sign up for the free digest here or hit reply to ask me to include your email address

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

Online Recruitment Update (sponsored by http://www.broadbean.co.uk for "the UK's favourite job posting system")

Hitwise top 10 Recruitment Sites, week ending 21st April 2007
The most visited UK recruitment sites last week, starting with the most popular, were www.jobcentreplus.gov.uk, www.jobs.nhs.uk, www.totaljobs.com, www.monster.co.uk, www.jobsite.co.uk, www.reed.co.uk, jobs.tes.co.uk, www.jobs.ac.uk, www.eteach.com and my.monster.co.uk. Hitwise don't aggregate data from sites who form part of a network such as fish4.co.uk For more information about Hitwise, visit http://www.hitwise.co.uk

Louise's UK Recruiter blog
In the past week I've talked about the ERA Conference, Interview with Tim Elkington and Pay Per Name.  You can read Louise's UK Recruiter blog at http://ukrecruiter.typepad.com 

You can keep up to date with other the recruitment blogs from the UK via the UK Recruiter - blog watch page at http://www.ukrecruiter.co.uk/blogs.htm.  

Press Release: Career Concerns 
"Brits suffer more heartache over their careers than their love lives, reveals a survey by Jobsite (www.jobsite.co.uk), one of the UK’s leading online recruiters. While 2/3 of UK adults claim to be lucky enough to have found ‘the one’ love of their life, 52% of Brits are in need of career cupids and are still searching for their perfect job. Reassuringly, all hope is not lost and the majority of Brits (60%) believe that the perfect job does exist – it’s just rather elusive. To help, Jobsite today launches CVautoMatch, a unique new service that matches you to your perfect job. A quarter of those who have found their perfect job state they applied for up to 10 positions before having their career dreams fulfilled."

Press Release: Increase in financiers on LondonCareers.net
"The Banking & Finance sector on LondonCareers.net has been gaining such momentum over recent months, that it has launched a special section both in the magazine and online, focussing specifically on the financial industries. Already, this section is one of the most popular areas on the website, and LondonCareers is fast becoming one of the top job-boards for financial positions." http://www.londoncareers.net/ 

This section is sponsored by http://www.broadbean.co.uk; "the UK's favourite job posting system".

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