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Welcome to issue 370 of the ukrecruiter newsletter. Looking for recruitment consultants, managers or directors, HR recruitment professionals or online recruitment professionals? Look no further; UKRecruiterJobs - advertsise from £55. | 
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CONTENTS
Visit http://www.ukrecruiterjobs.co.uk for the latest recruitment industry jobs. |
Juicy Tips Tip #3: 'Chunk it Down' New business like Recruitment is a process. 'Chunk it down' into smaller bite size pieces and do it bit by bit. Just focus on the next call you are going to make not the monthly activity target you have to achieve. Click here to play this clip. ‘Juicy Tips’ provided by Recruitment Juice 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 Louise Fernandes of Field Fisher Waterhouse LLP focuses on this month’s key employment law developments below. Flexible working consultation The Government has published a consultation paper this week to explore how to make dealing with flexible working requests easier for businesses. The consultation follows on from the Government's announcement that it would extend the right to request flexible working to parents with children who are 16 and under (click here to read our report earlier this year). Employment Relations Minister, Pat McFadden, said the consultation would seek views from business and suggest ways to reduce paperwork involved with flexible working requests (e.g. it considers whether to remove the requirement that employers send a formal letter when they approve an employee’s request to change their working pattern). The consultation will also consider ways to raise awareness of the right to request flexible working among employees and to boost knowledge of the range of free tools available to make dealing with requests quicker and simpler for businesses. “No show” clause is enforceable The High Court has confirmed that a “no show” clause in an employment contract, which required a prospective employee to pay a specific amount if he did not start work with the employer, was a liquidated damages clause, rather than a penalty. On this basis, the clause was enforceable and the employer was entitled to receive the amount due under the clause. In basic terms, parties to a contract may agree in advance a specific amount of damages that one party will pay to the other if a particular obligation under the contract is breached (i.e. a “liquidated damages” clause). However, such a clause may be a “penalty” clause if the sum specified is “extravagant and unconscionable” in comparison with the greatest loss that could conceivably have been proved to have followed from the breach. In Tullett Prebon Group Ltd v El-Hajjali, the potential employer, Tullett, had identified Mr El-Hajjali as a potential candidate for a senior role. Negotiations took place over a period of months and both parties eventually entered into a contract. This contract contained a no show clause, which required Mr El-Hajjali to pay a specific amount to Tullett if he failed to take up employment with them. Soon after signing the contract, Mr El-Hajjali informed Tullett that he had decided to remain with his current employer. Tullett brought a claim for liquidated damages for breach of the no-show clause. The High Court noted that Mr El-Hajjali was in a powerful position in the negotiations. He also had the benefit of legal advice throughout the negotiations and was advised by his solicitors that, on the basis of the no show clause, Tullett was likely to sue if he changed his mind after signing the agreement. Mr El-Hajjali did not challenge the clause at the time. The Court held that Tullett was able to establish a loss resulting from Mr El-Hajjali’s failure to work for them and the loss was in fact considerably more than the amount specified in the no-show clause. The stipulated sum was not extravagant or unconscionable in the circumstances and there had been a specific discussion within Tullett as to the stipulated sum and the need to avoid the liquidated damages clause being regarded as a penalty clause. On the facts of this case, there was sufficient consideration of the matter to render the clause a liquidated damages one rather than a penalty one and it was therefore enforceable. Vulnerable workers BERR has recently published the final report of the Vulnerable Worker Enforcement Forum, together with the Government's conclusions. The Government set up a Vulnerable Worker Enforcement Forum to look at the nature of employment rights abuses, assess the effectiveness of current arrangements and to identify possible improvements. The Forum comprises business groups, unions, Citizens Advice and workplace enforcement bodies. As a result of the Forum's findings, the Government intends to: 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: Time Management Success Stories by Gaynor Lowndes In my time as a recruitment trainer I have been privileged to work with a number of clients who I believe represent what recruitment should be about. Some are noted for their excellent candidate sourcing, others for their well-developed sales skills, and others for their unusual efficiency and time management prowess, and it is this latter quality that I will focus on here. Time management looms today as a more important issue than ever. The growing workplace pressure we hear about constantly is a cliché but not a myth: There are only so many hours in a day, but put simply, the way many of us spend these hours does not seem to justify this reality. Everyone knows the theory on time management. There are constantly workshops being run and books being published on the subject. Yet I have observed that the message somehow still doesn’t get through. So why not learn from those who have the balance right in practice? Three of the clients that I have worked closely with during my time as a trainer spring to mind (Their names have been changed): James is the director of a rapidly growing agency based in the Sydney area, with interstate offices as well. These days, he says his biggest challenge is to juggle the dual role of director and consultant, yet this is one person who can inspire people in either role. Before he became a director, he would be in the office each day at 7:00am, and in his words, “I would be in the gym by 2:00.” When you look at James’ hours in conjunction with his consistently met KPI’s and high revenue generation, you realise that there are some important time management success tips to be learned here: “You have to avoid getting bogged down with the wrong stuff,” he says. “I have noticed that consultants see themselves too often as customer service providers.” While candidates should always be treated with respect, he says, consultants do waste a lot of time trying to be nice, rather than being direct and honest with the candidate in order to “Fast track the rubbish and get to what really makes the money: Business Generation.” James is the first to admit that both client and candidate relationships are important, but he asserts that it isn’t the end result of what a recruiter does. “For example, I get into the office at 7:00am, and spend the first hour ‘smashing’ through all the emails I receive, before the phones start to ring.” Other recruiters, he says, will waste valuable time crafting eloquent, overly polite emails to candidates and clients. “So often consultants are afraid to be direct with clients and candidates. What they don’t realise is that you can be direct and polite at the same time, and the time you save can be used to do what makes the money.” I first met Emma during at a public workshop I ran in the Melbourne area, in 2005. She worked in healthcare recruitment and her philosophy was simple: “Clients and candidates: Don’t waste their time!” When I spoke to her, I realised that she had touched on an important part of relationship building that others seem to miss: Time management isn’t just a personal thing, it’s a skill that must be developed for the sake of your client and candidate rapport. “I’m sick of hearing about time management as a way to ‘feel in control of your day,’” she told me in her typically direct manner, “Who cares about you personally feeling in control of your day: Your candidates and clients are the ones you have to answer to in the end. Do it for them.” Emma has no illusions about time management as a direct factor in the repeat business that she gets from satisfied clients. “I get them on an exclusive basis most of the time,” She says, “Because they know I’m reliable, that I will follow through with my promises, and most importantly, that I will do it promptly and efficiently. They also know that I won’t waste my time or their’s with unsuitable candidates. If I don’t have someone suitable on hand, I will tell them upfront, ‘I don’t have anyone at the moment, but I will make it my top priority.’ They agree, because they know that when I say ‘priority’, I mean priority!’” Ian is another consultant from the Melbourne area. He works in the office support and accounting sectors. Behind the shy, youthful smile is a sharp, logical and results-focused mind. I conducted an in-house workshop at his agency on business development techniques, and he actually rang me a month later to tell me how my training had impacted his work. “Gaynor,” he said excitedly, “Before your workshop I was struggling to work out how to cold call efficiently. It just seemed to be rejection after rejection, a waste of time. I’d never made an advert chase call me in my life, but after you taught us the skills, I gave it a try. Now the majority of my cold calls are advert chases, and my results have gone through the roof!” I asked Ian why he believed that ad chasing was the most efficient form of business development. “I guess its because you’re responding to a definite need. You look in the papers and on the net for ads, rather than wasting your time calling random companies who may not need anyone, and who feel like your call is wasting their time.” And how had this new approach impacted on Ian’s work day? “If I’m honest, I used to come to the end of so many days knowing that I could have had the day off and it wouldn’t have made a difference. Now I know that the hours in the day get used, and they get used effectively!” Varied individuals, varied experiences, varied approaches. But all of these individuals have found tools for time management success in an industry where it matters perhaps more than any other. James’ 7am start may not be convenient, and Ian’s advert chasing emphasis may not be your style. To expect these techniques to work for everyone is to miss the point. I hope that you can come away from this article with a broader understanding of the possibilities of successful time management, and use what you have read here as an inspiration to find what works for you, to find your own individual time management success.
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Regards
Louise Triance
UK Recruiter http://www.ukrecruiter.co.uk
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