Welcome to issue 214 of the ukrecruiter newsletter. Don't forget to let your colleagues know about this newsletter - simply forward it on and suggest they complete our simple form.  Anyone can subscribe - it's completely free of charge

CONTENTS

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

My Favourites

http://www.skype.com - Download the free software and get instant free phone calls over the web.

http://www.buyagift.co.uk - Great for presents or corporate entertainment. Makes buying the wife's birthday present a lot easier!

http://www.theaa.com/travelwatch/planner_main.jsp - Free on-line route planner.

http://www.bbc.co.uk/cbeebies/teletubbies - an extra site for those readers with children... my 2 year old son loves it!

Brett Marlow is Business Development Manager of Jobs in Credit


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: Psychometric Product Review: Harrison Assessments by Louise Triance

Company Name: Omni HR Solutions (UK)

Product Name: Harrison Assessments (HA)

Website Address: www.omnihrs.co.uk

Description (provided by Omni): “For 25 years, by matching people with roles that they enjoy, Harrison Assessments has reliably predicted job performance for 80 – 90% of respondents throughout Australasia.”

Cost: No set up fee, no license fee, Reports cost from £8 - £120

Do you have to be qualified to interpret the questionnaires: No, all reports are presented as either a percentage suitability score or as a narrative. However, advanced training is available for developing job templates and expert interpretation.

Candidate Experience (“guinea pig” candidate was Jaime): The questionnaire took 20 minutes to complete. However there were no instructions or examples. You find yourself straight in and starting the questionnaire. As someone who uses these tools a lot, I found it fairly straight forward but wondered if it may pose a problem for people who are unused to these sorts of instruments.

There were some strange sentences, that I was asked to order in terms of preference or how much I felt they reflected my style or personality, which I felt were irrelevant to me and as a result made me question its relevance in a work context

When I was sent the feedback reports there was simply too much - 57 pages in total over 4 reports. However I felt the content of the reports was accurate.

Overview of Feedback Report: I was sent the same four reports that Jaime received. They were a behavioural comparison (22 pages long), The Paradox report (15 pages long), a Summary Traits Report (9 pages) and a Career Summary (11 pages). Normally, however, a client wouldn’t purchase all these reports. Omni recommend the Behavioural comparison report for most recruitment/selection needs. With this report the candidate is compared against a specific job role. There are 50 different job roles that can be chosen from. 

This profile is based on how much an individual enjoys performing certain tasks, rather than the “type” that their responses conform to. The purpose of the report is match people against jobs that maximises tasks/behaviours that they enjoy and minimises tasks/behaviours that they don’t enjoy.

The Behavioural comparison report firstly shows what percentage of the job requirements have been met and then goes on to break down the job role into essential traits showing how closely the candidate matches these. For example for the “Management – Technical” job role, that Jaime was compared to, some of the essential traits are “takes initiative”, “wants to lead” and “Analytical”. The narrative part of the report looks at each of these traits (including a number of “traits that could hinder success for this position”) and explains how the candidate’s personality relates to the trait. I found this narrative section to be rather basic and in some places too simplistic. A useful part of the report is an interviewing guide where each of the essential traits is given a suggested probing question and leads the interviewer to look for certain elements in the answer. I’m sure this would be useful for an inexperienced interviewed. Finally there are a few pages that look at how you would manage, develop and retain the candidate. 

The traits and definitions and career summary reports would be of use in a career counselling or development situation. However, probably more beneficial to raw graduates or those at a major career crossroads. 

Summary
I thought that the behavioural impact report would probably be useful for an infrequent or less experienced recruiter. The narrative wasn’t detailed enough for me to feel I’d be comfortable using it on senior candidates. Because the data around traits in the report is different for each job function you do not get a list of personality characteristics in the same way you do with some other questionnaires – this may make it difficult to extract information that is not explicitly stated in the report. However, it is possible to also buy the full trait report for a candidate. Additionally it may be useful to note that Omni suggest the tool is most beneficial when being used for bulk recruitment – screening advert response to create a short list for interview. 

For more information: Andrew O’Connell was my contact at Omni HR Solutions. He can be contacted on 0131 3325271 or via email at andrewoc@omnihrs.co.uk

Louise Triance is a British Psychological Society level A&B trained assessor, conducting psychometrics on behalf of recruiters. For more information call Louise on 01635 254881 or email louise@ukrecruiter.co.uk  or visit http://www.ukrecruiter.co.uk/tests.htm

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Article Two: Discretionary Bonus Payments: rights & responsibilities by Gareth Williams

Question

I own my own agency and recently one of my top consultants left for a rival agency without working her notice period. I paid her basic salary for the time she worked but now she is claiming I owe her for bonus payments. It had always been agreed that bonus payments were discretionary and not payable according to any fixed formula. Am I right in saying that nothing more is owed?

Answer

Your question raises a number of interesting issues, and although authoritative advice can only be given upon knowing all the relevant information it does appear that a number of claims may arise out of these facts.

The first point to note is that by failing to work her notice your former employee may have breached her contract. If a breach of contract can be established then you can bring a claim for any loss you suffer as a result. Normally we advise that you only pursue claims when your losses are quantifiable and significant; in this case you mention that your former employee is working for a competitor and this may mean that it is worth bringing a claim particularly if she took clients with her. 

Although nothing in your question suggests that your former employee may have been constructively dismissed it is always worth considering whether she may have entitled her to terminate her employment by reason of your conduct. If she is able to show that you were in fundamental breach of her contract of employment, and that she terminated her employment in response due to this, then you will fail in any claim that you bring for breach of contract and you may face additional claims by her.

In respect of the discretionary bonuses, the Courts infer into most contracts of employment an implied duty for discretion to be exercised in a genuine and rational manner. This means that you cannot normally fail to pay a former employee a bonus payment simply because they no longer work for you. In most cases you would be well advised to pay your former employee the same discretionary bonus payment that she would have received if she were still in your employment. This does of course depend upon the exact wording of the employment contract, as a well drafted contract may avoid exposing you to these the implied duties. Of course in this case, as you may have a valid claim against your former employee, it is likely that you will be able to deduct from any bonus payments any losses that you have suffered which are attributable to a breach to contract by her.

There are a number of other issues that may be relevant including potential breaches of non-competition provisions in your contract and use of your confidential information. As always, it is best to seek specialist advice if you are unsure as to how to proceed.


Gareth Williams specialises in Recruitment Agency Law at Penn Legal. Telephone 0870 043 4361 or email agency@pennlegal.co.uk  

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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 "CV databases available to employers", "Probationary Period Question" and "Recruitment Manager's Salary". 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

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Statistics

Hitwise top 10 Recruitment Sites, week ending 14th May 2005
The most visited UK recruitment sites last week, starting with the most popular, were Jobcentre Plus, Jobsite, Reed.co.uk, Total Jobs, Fish4 Jobs, Monster.co.uk, National Health Service - Careers, TES Jobs, Guardian Unlimited Jobs and eteach.com.  For more information about Hitwise, visit http://www.hitwise.co.uk

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Regards
Louise Triance
UK Recruiter http://www.ukrecruiter.co.uk - 01635 254881 (UK)

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