Recruitment News

15 June 09 We’re Number One! The List Group have recently been named as one of the fastest growing companies in the UK. Topping the Real Business/LDC Hot 100 League table of privately owned companies, the success of the List Group over the past 5 years has been largely due to diversification. Founded by Terry List in 1971, recent years have seen the List Group supplement their engineering design business with recruitment and documentation services. Being able to offer such a comprehensive range of solutions has had a phenomenal effect, with sales rising from £207,000 in 2005 to £21.9 million in 2008. Terry List has stated that the recruitment division of the Group has been the shining light over the last few years. Covering a wide range of industries and job disciplines, List Recruitment have the scope and experience to meet both general and specialist requirements. Being part of a larger group, List Recruitment consultants are trained to look at the bigger picture and can offer not just recruitment services, but comprehensive business support. Although now operating in a difficult climate, with almost 40 years in business the List Group have experience in riding tougher times and even managing to spot opportunities for further growth. There is still every chance that the next 5 years will be as spectacular as the last!
10 June 09 Peter Hipkiss, Consultant at Peninsula, takes a look at redundancy Paraphrasing somewhat the definition of redundancy is: “…the need for employees to carry out work of a particular kind has ceased or will cease, has diminished or will diminish at that site.” Redundancy is a dismissal in law. It is one of the only six potentially fair reasons for dismissal. It is extraordinary how often employers say, “No, I didn’t dismiss him, I made him redundant,” or employees saying, “No I wasn’t dismissed, I was made redundant.” For employment to be terminated, by reason of redundancy, is a dismissal and there is a minefield of legislation to be negotiated before it can be carried out safely. It is necessary to understand the essential difference between redundancy and the other potentially fair reasons for dismissal. With redundancy there is no culpability on the part of employee as there is, say, for someone who steals and is dismissed for gross misconduct. The employer is in effect terminating the employment of someone who is guilty of no wrong doing whatsoever. Consequently the terminology, conversations, letters, offers of assistance with references, even things like outplacement counselling, should reflect this fact. There is complicated legislation governing redundancy. Statute identifies different rules depending on thresholds of numbers to be made redundant. Contract law will dictate certain requirements. Best practice either through ACAS codes, case law or simple “what is fair” as perceived by a Tribunal will all control the procedure to be followed. Governments over many years have believed in the value of consultation in potential redundancy situations. The belief is that the employees carrying out the job(s) will know it best and, if consulted meaningfully, may well come up with ideas as to how the job(s) might be saved. Considerable importance is attached to consultation with any trade unions involved or, lacking their presence, the opportunity to elect worker representatives, to consult with the employer on behalf of their colleagues, must be provided. If employees do not wish to elect workforce representatives then it will still be necessary to consult with the workforce. Consulting with employees may help to initially show how the job could be saved; reducing the numbers to be redundant and only proceeding to the second stage, of how the people carrying out the jobs can be saved; be more willing to agree to changes in working practices, job determination issues etc, and, having been part of the process, understand the necessity for any redundancies at the end of the process. If the potential number to be dismissed is less than 20 then the statutory dispute resolution procedure applies as may a contractual redundancy policy or trade union agreement. For 20 or more redundancies, 30 days consultation is required and for 100 or more, 90 days consultation is required. For 20 or more the employer should also complete an HRI form and send it to the local job centre. For the purposes of consultation with a trade union or employee representatives the employer must disclose to them, in writing, the: • reasons for the proposals; • the numbers and description of proposed redundancies ; • the total number of employees of any such description at that site; • the proposed method of selection; • the proposed method of carrying out the dismissals (subject to procedures) and the timescale; and • the proposed method of calculating redundancy payments. It may be beneficial to give full details of the circumstances leading up to the current situation and what has been done so far to try to prevent it. Redundancy situations commonly arise either because of a financial problem or there is now a job imbalance. Tribunals take a dim view of an employer faced with a financial problem who fires a few employees as a resolution. In this situation employers need to explain to employees the attempts which have been made to increase sales by perhaps reducing prices and increasing income, renegotiating with suppliers, changing suppliers and perhaps sales promotions etc. A Tribunal will expect an employer to consider all these factors before considering redundancies. If ideas of how the jobs can be saved are not forthcoming then the next step is to consider how to identify how potential redundant employees can be saved. Sometimes the selection is straight forward and a selection procedure can be carried out. Statute does not state what the procedure should be just that it should be “fair.” The two most commonly used procedures have been last in – first out (LIFO) or an appraisal selection procedure to identify the most valuable employees to retain. LIFO has fallen out of favour recently following the introduction of age discrimination legislation. When using selection criteria ensure they are objective and relevant to the role. Individuals identified as potentially redundant should be invited to a meeting to discuss their score(s) taken from their appraisal. Provide, prior to the meeting and in writing, their own score(s) and that of the others in their pool. If possible have more than one person score. Ensure scorers have read each individual’s personnel file. Individuals identified as potentially redundant should be invited to a meeting to discuss their score(s). Provide, prior to the meeting and in writing, their own score(s) and that of the others in their pool. Sometimes individuals argue that they should not be shown other employees scores because of “confidentiality.” Wrong-it is only by seeing their own score and being able to compare it to their colleagues that they can sensibly comment on the accuracy of the marking. Mistakes do happen and far better to discover the mistake before they are dismissed than at the Tribunal! Assuming that no adjustments to the scores are necessary the employer must then consider if there are any alternative jobs available. A suitable alternative is one where the role is broadly similar with regard to the work itself; the emoluments for it; the status; the hours and the location. If such an offer is made, and the individual refuses it, they lose their right to a redundancy payment. If an alternative is “not suitable” then the employee has a right to a trial period of it, normally for up to four weeks. If they decide they do not want the job or the employer decides they are not suitable for it, then their right to redundancy payment still stands. Special rules apply to women on ordinary or additional maternity leave. Such an individual is entitled to be offered, before the end of her current employment, alternative employment, if it is available, with her employer or associated employer. The new contract takes effect immediately following the old (i.e. with continuity of employment). The role must be both suitable in relation to the employee and appropriate for her in the circumstances and it must not be substantially less favourable than if she had carried on her old role. This area is fraught – take professional advice before acting! Having reached the end of the process those selected for redundancy are dismissed. Employers should send a formal letter to the employee terminating the employment which contains either within the body of it, or as a separate attachment, a financial statement which complies with the requirements of statute, with regard to notice, or pay in any ex-gratia payments etc sufficient to enable them to calculate that the figures are correct. The formal letter should also contain the right to appeal. Although, if the numbers to be made redundant are less than 20, there are no periods of time laid for consultation before dismissals can occur, since statutory disputes does apply i.e. “letter, meeting, appeal” it is unlikely that a period of less than two weeks would be adequate. The process on consulting as to how the jobs can be saved followed by how the job holders could be saved follows the same process as for redundancies of 20 or more. Although there is no requirement to allow the election of workforce representatives, you may still need to consult with a recognised trade union. Getting the redundancy process wrong can be extremely costly with awards not only for unfair selection for redundancy, unfair dismissal and possible enhancements of up to 50% for breaches of the statutory disputes procedures but, alternatively, punishment awards of up to 90 days pay for failure to consult. Employers should take advice – and do so in good time- whenever situations such as these arise. For further information contact Peter Hipkiss on 07966 112075 or via e-mail, Peter.Hipkiss@peninsula-uk.com.
22 May 09 Ongoing Vacancies with List Recruitment List Recruitment (Midlands) Ltd are always looking for Medical Secretaries, Ward Clerks, Administrators and Receptionists for their N.H.S. Contract vacancies. These jobs are situated throughout Worcestershire. Some are short term bookings and some long maybe even becoming permanent. The NHS like the Medical Secretaries to have an Amspar qualification and some of the bookings require a CRB check. If you are interested in any of these bookings please contact either the Evesham office or the Redditch office.

15 June 09
We’re Number One!
The List Group have recently been named as one of the fastest growing companies in the UK. Topping the Real Business/LDC Hot 100 League table of privately owned companies, the success of the List Group over the past 5 years has been largely due to diversification. Founded by Terry List in 1971, recent years have seen the List Group supplement their engineering design business with recruitment and documentation services. Being able to offer such a comprehensive range of solutions has had a phenomenal effect, with sales rising from £207,000 in 2005 to £21.9 million in 2008.

Terry List has stated that the recruitment division of the Group has been the shining light over the last few years. Covering a wide range of industries and job disciplines, List Recruitment have the scope and experience to meet both general and specialist requirements. Being part of a larger group, List Recruitment consultants are trained to look at the bigger picture and can offer not just recruitment services, but comprehensive business support.

Although now operating in a difficult climate, with almost 40 years in business the List Group have experience in riding tougher times and even managing to spot opportunities for further growth. There is still every chance that the next 5 years will be as spectacular as the last!

10 June 09
Peter Hipkiss, Consultant at Peninsula, takes a look at redundancy
Paraphrasing somewhat the definition of redundancy is:

“…the need for employees to carry out work of a particular kind has ceased or will cease, has diminished or will diminish at that site.”

Redundancy is a dismissal in law. It is one of the only six potentially fair reasons for dismissal. It is extraordinary how often employers say, “No, I didn’t dismiss him, I made him redundant,” or employees saying, “No I wasn’t dismissed, I was made redundant.” For employment to be terminated, by reason of redundancy, is a dismissal and there is a minefield of legislation to be negotiated before it can be carried out safely.

It is necessary to understand the essential difference between redundancy and the other potentially fair reasons for dismissal. With redundancy there is no culpability on the part of employee as there is, say, for someone who steals and is dismissed for gross misconduct. The employer is in effect terminating the employment of someone who is guilty of no wrong doing whatsoever. Consequently the terminology, conversations, letters, offers of assistance with references, even things like outplacement counselling, should reflect this fact.

There is complicated legislation governing redundancy. Statute identifies different rules depending on thresholds of numbers to be made redundant. Contract law will dictate certain requirements. Best practice either through ACAS codes, case law or simple “what is fair” as perceived by a Tribunal will all control the procedure to be followed.

Governments over many years have believed in the value of consultation in potential redundancy situations. The belief is that the employees carrying out the job(s) will know it best and, if consulted meaningfully, may well come up with ideas as to how the job(s) might be saved. Considerable importance is attached to consultation with any trade unions involved or, lacking their presence, the opportunity to elect worker representatives, to consult with the employer on behalf of their colleagues, must be provided. If employees do not wish to elect workforce representatives then it will still be necessary to consult with the workforce.

Consulting with employees may help to initially show how the job could be saved; reducing the numbers to be redundant and only proceeding to the second stage, of how the people carrying out the jobs can be saved; be more willing to agree to changes in working practices, job determination issues etc, and, having been part of the process, understand the necessity for any redundancies at the end of the process.

If the potential number to be dismissed is less than 20 then the statutory dispute resolution procedure applies as may a contractual redundancy policy or trade union agreement.

For 20 or more redundancies, 30 days consultation is required and for 100 or more, 90 days consultation is required. For 20 or more the employer should also complete an HRI form and send it to the local job centre.

For the purposes of consultation with a trade union or employee representatives the employer must disclose to them, in writing, the:

• reasons for the proposals;
• the numbers and description of proposed redundancies ;
• the total number of employees of any such description at that site;
• the proposed method of selection;
• the proposed method of carrying out the dismissals (subject to procedures) and the timescale; and
• the proposed method of calculating redundancy payments.

It may be beneficial to give full details of the circumstances leading up to the current situation and what has been done so far to try to prevent it. Redundancy situations commonly arise either because of a financial problem or there is now a job imbalance.

Tribunals take a dim view of an employer faced with a financial problem who fires a few employees as a resolution. In this situation employers need to explain to employees the attempts which have been made to increase sales by perhaps reducing prices and increasing income, renegotiating with suppliers, changing suppliers and perhaps sales promotions etc. A Tribunal will expect an employer to consider all these factors before considering redundancies.

If ideas of how the jobs can be saved are not forthcoming then the next step is to consider how to identify how potential redundant employees can be saved. Sometimes the selection is straight forward and a selection procedure can be carried out. Statute does not state what the procedure should be just that it should be “fair.”

The two most commonly used procedures have been last in – first out (LIFO) or an appraisal selection procedure to identify the most valuable employees to retain. LIFO has fallen out of favour recently following the introduction of age discrimination legislation. When using selection criteria ensure they are objective and relevant to the role. Individuals identified as potentially redundant should be invited to a meeting to discuss their score(s) taken from their appraisal. Provide, prior to the meeting and in writing, their own score(s) and that of the others in their pool. If possible have more than one person score. Ensure scorers have read each individual’s personnel file.

Individuals identified as potentially redundant should be invited to a meeting to discuss their score(s). Provide, prior to the meeting and in writing, their own score(s) and that of the others in their pool. Sometimes individuals argue that they should not be shown other employees scores because of “confidentiality.” Wrong-it is only by seeing their own score and being able to compare it to their colleagues that they can sensibly comment on the accuracy of the marking. Mistakes do happen and far better to discover the mistake before they are dismissed than at the Tribunal!

Assuming that no adjustments to the scores are necessary the employer must then consider if there are any alternative jobs available. A suitable alternative is one where the role is broadly similar with regard to the work itself; the emoluments for it; the status; the hours and the location. If such an offer is made, and the individual refuses it, they lose their right to a redundancy payment. If an alternative is “not suitable” then the employee has a right to a trial period of it, normally for up to four weeks. If they decide they do not want the job or the employer decides they are not suitable for it, then their right to redundancy payment still stands.

Special rules apply to women on ordinary or additional maternity leave. Such an individual is entitled to be offered, before the end of her current employment, alternative employment, if it is available, with her employer or associated employer. The new contract takes effect immediately following the old (i.e. with continuity of employment). The role must be both suitable in relation to the employee and appropriate for her in the circumstances and it must not be substantially less favourable than if she had carried on her old role. This area is fraught – take professional advice before acting!

Having reached the end of the process those selected for redundancy are dismissed. Employers should send a formal letter to the employee terminating the employment which contains either within the body of it, or as a separate attachment, a financial statement which complies with the requirements of statute, with regard to notice, or pay in any ex-gratia payments etc sufficient to enable them to calculate that the figures are correct. The formal letter should also contain the right to appeal.

Although, if the numbers to be made redundant are less than 20, there are no periods of time laid for consultation before dismissals can occur, since statutory disputes does apply i.e. “letter, meeting, appeal” it is unlikely that a period of less than two weeks would be adequate. The process on consulting as to how the jobs can be saved followed by how the job holders could be saved follows the same process as for redundancies of 20 or more. Although there is no requirement to allow the election of workforce representatives, you may still need to consult with a recognised trade union.

Getting the redundancy process wrong can be extremely costly with awards not only for unfair selection for redundancy, unfair dismissal and possible enhancements of up to 50% for breaches of the statutory disputes procedures but, alternatively, punishment awards of up to 90 days pay for failure to consult. Employers should take advice – and do so in good time- whenever situations such as these arise.

For further information contact Peter Hipkiss on 07966 112075 or via e-mail, Peter.Hipkiss@peninsula-uk.com.

22 May 09
Ongoing Vacancies with List Recruitment
List Recruitment (Midlands) Ltd are always looking for Medical Secretaries, Ward Clerks, Administrators and Receptionists for their N.H.S. Contract vacancies.

These jobs are situated throughout Worcestershire. Some are short term bookings and some long maybe even becoming permanent.

The NHS like the Medical Secretaries to have an Amspar qualification and some of the bookings require a CRB check.

If you are interested in any of these bookings please contact either the Evesham office or the Redditch office.

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