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Welcome to issue 366 of the ukrecruiter newsletter. We only produce four issues of the newsletter a month so next week we are off. We'll be back on the 6th August. | 
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CONTENTS
Visit http://www.ukrecruiterjobs.co.uk for the latest recruitment industry jobs. |
Juicy Tips Tip #1: Plan your calls carefully Plan your calls at the end of everyday. Call your clients at the optimum time for your sector and make the warm calls first. Be careful not to annoy your prospects by checking out the top 5 things that annoy decision makers. Click
here to play this clip. During July Recruitment Juice are offering a special discount only to ukrecruiter subscribers on their DVD box set "The Juicy Bits of New Business - A Recruiter's Guide". The 6 DVDs are "packed with all the best bits of developing a new desk but also some good refreshing ingredients to boost those more experienced consultant's billings". To get £100 discount you will need to go to the website (www.recruitmentjuice.com) and enter the code UKRECJULY when prompted during the order process. We are interspersing this series with the regular "My Favourites" piece. So 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: Employment and the Law - Recent Developments by Louise Fernandes Another busy month for employment law, full of significant decisions and developments. Louise Fernandes of Field Fisher Waterhouse LLP focuses on three key developments below. Public statement constitutes direct discrimination In CGKR v Firma Feryn NV, the employer made a statement in the Belgian media to the effect that he would not employ Moroccans. Following the Advocate General’s opinion, the ECJ confirmed that this public declaration would strongly dissuade certain candidates and constituted direct discrimination. Importantly, the existence of this direct discrimination was not dependant on the identification of a “victim”. The ECJ outlined options for a remedy in such cases, including a finding of discrimination in conjunction with an adequate level of publicity, an injunction ordering the employer to cease the discriminatory practice and an award of damages. It also confirmed that member states should decide whether to pass legislation to enable anti-racism bodies to bring such claims in the absence of an individual claimant. As the Equality and Human Rights Commission cannot bring proceedings in such circumstances, there is currently no recourse in the UK unless a victim comes forward. Discrimination by association In Coleman v Attridge Law, Ms Coleman worked as a legal secretary for a firm of solicitors and was also a carer for her disabled son. She claimed that she was treated less favourably than employees with non-disabled children. She brought claims under the Disability Discrimination Act 1995 (DDA) and argued that she had suffered discrimination and harassment by association with her son’s disability. The case was referred to the ECJ. The ECJ confirmed that the Framework Directive seeks to combat all forms of discrimination on certain grounds (including disability) and applies not to a particular category of person but by reference to the particular ground of discrimination. Even though Ms Coleman was not herself disabled, disability is the ground for the less favourable treatment she claims to have suffered. As harassment is deemed to be a form of discrimination, for the same reasons, the ECJ confirmed that the Directive was not limited to the prohibition of harassment of people who are themselves disabled. This case will return to the Employment Tribunal to consider whether the DDA can be interpreted in such a way as to give effect to the Framework Directive. Proposed wording for Temporary Workers Directive The proposed wording gives temporary agency workers, for the duration of their assignment, the right to the same basic working and employment conditions as would apply if they had been recruited directly to occupy the same job. A temporary agency worker is defined as a “worker with a contract of employment or an employment relationship with a temporary agency with a view to being assigned to a user undertaking to work temporarily under its supervision and direction”. However, as long as an adequate level of protection is provided for temporary agency workers, member states may be able to derogate from this and apply a qualifying period for equal treatment. This potentially covers the 12 week qualifying period recently agreed between the Government, the CBI and the TUC. (this was covered in the May article) “Basic working and employment conditions” is defined as working and employment conditions relating to the duration of working time, overtime, breaks, rest periods, night work, holidays, public holidays and pay. It may be possible for working and employment conditions to be defined differently, provided that the overall level of protection is respected. Undertakings will be required to provide temporary agency workers with access to amenities (eg canteen) under the same conditions as other workers, unless the difference in treatment can be justified. Temporary agency workers’ access to training and to childcare facilities must also be improved and they must be told of any vacancies, to give them the same opportunity as others to find permanent employment. The proposed wording will now be debated by the EU Parliament later this year. Louise Fernandes is the Professional Support Lawyer in the Employment and Pensions Group at Field Fisher Waterhouse LLP and can be contacted at louise.fernandes@ffw.com |
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Article Two: Association of Graduate Recruiters (AGR) Conference 2008 Review by Emma Mirrington Over 600 graduate recruiters trooped up to Wales for the annual AGR conference on 7th and 8th July. It began informally on the Sunday afternoon with a drinks reception for first timers at the conference followed by a BBQ. (Suspiciously there seemed to be rather a lot of non first timers at the drinks reception – reminding me a bit of fresher’s week at university.) However for the first time the BBQ had to be held indoors because of the weather but it didn’t seem to dampen any spirits and the wine flowed freely. As always it was a lively event and a 1am finish for most people that didn’t bode well for the Monday morning. Once most people had got the hang of how the programme guide worked (you needed a degree just to work that out) they attended a couple of showcases on the Monday morning before the full conference was kicked off by Sir Paul Judge. “Generation Y bother?” was the theme of a seminar I attended on the Monday afternoon which provided an interesting debate on whether Generation Y actually existed since similar traits can be found in most generations. Both sides put forward strong arguments and with the final audience vote at the end being evenly split we were left none the wiser! Not very graduate recruitment related but emotionally powerful was Eugenie Harvey’s “Change the world 9-5 seminar” in which she talked about how she left a stable job and set up her company ‘we are what we do’ which aims to encourage people to change the world through simple every day actions. I came out of the session feeling inspired! My colleague Helene sat on the Guardian Grad facts panel which focussed on the results of 2008 Gradfacts survey on grad expectations for CSR, flexibility, mobility and work life balance. The conclusion on the first day, from most people I spoke to, was that although the event was informative there was nothing radically new that we had learnt. As per the usual tradition for the Monday night every one dressed up to the nines and all were treated to a great night. Laurie Taylor presented the Awards Ceremony and he was fantastic. The Bank of England won the Best of the Best Award. A couple of other award winners were The Audit Commission, winner of the Best Website Award and the Best Literature Award went to Accenture The evening entertainment was brilliant as per usual and my colleague Helene commented that people seemed to be having too much fun for a work event - praise indeed for the event! On the Tuesday morning the main hall seemed much lighter than the day before. Shame on all the lightweights as this was the best day by far. James Patching from Trendence took us through the AGR survey results, some of the key findings were as follows: Baroness Susan Greenfield then blew our minds with her thought provoking presentation on the human mind and how it has been affected by 21st Century Culture and Technology. Graduates will have shorter attention spans and they will be motivated by icons rather than ideas. There could be a greater potential for depression and people will be less risk adverse. This was a fascinating presentation and people sat spellbound throughout. We also attended a really interesting sessions on mobile marketing. (Did you know sky.com is the second most visited website in the UK on mobile phones?) I then attended a session on SEM (Search Engine Marketing) with Google’s Luke Mckend which I believe is the same session that Louise talked through in one of her blogs. Really insightful for those not yet fully equipped in the art of SEM and Search Engine Optimisation (SEO) although a bit of a sales pitch for Google. It is interesting just how many direct recruiters are not yet taking advantage of Pay Per Click. The conference finished with a debate around The Talent Crisis chaired by Declan Curry of BBC News fame before everyone made their way back to their various corners of the country. Our final verdict? We’ll be back…
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Don't Miss This Global Recruitment Conference, 11-13 November, Amsterdam |
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Regards
Louise Triance
UK Recruiter http://www.ukrecruiter.co.uk
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