Sorry for the break in service. A shoulder operation has made it tricky to write recently and, furthermore, teaching voice recognition software how to recognise my voice and write text that is recognised as English has proved challenging too!
I’m still not 100% fit, and I’m a couple of weeks away from resuming the regular articles. However, in the interim, I came across some results from a poll from Monster.co.uk (one of the major online job boards) and believe they should be publicised.
The statistics were not surprising but were still disappointing. They certainly will not help employers hire the best candidates for their roles.
Here are the results:-
“A lack of preparation by both candidates and interviewers is creating a culture of fear and stress around job interviews, according to a new poll from Monster.co.uk. Apparently one in seven candidates (15%) have actually been reduced to tears by a job interview. Results from the poll show that stress is caused by lack of effort from prospective employers, with arrogance (62%), poor preparation (42%) and irrelevant questions (43%) being identified as the most off-putting interviewer habits. In fact, almost a third (30%) of interviewers admitted that they had forgotten a candidate’s name, with over a quarter (28%) confessing they had gone to interviews unprepared. And, with the research revealing that first impressions really do count, 54% of employer respondents admitted they took an instant dislike to a candidate.”
We are all busy and interviewing is time consuming. Remember though you have already committed to conduct the interview which should run for an hour, so if you have prepared properly, arming yourself with the correct job requirements and behaviours that you are looking for, the preparation for the interview should be quick.
Fifteen minutes preparation ensures good questions, low stress for all parties and prevents you making purely ‘gut feel’ decisions: A well prepared and properly run interview ensures the candidate will be interested in your opportunity and gives you the control to decide if you want to hire them or not.
Read the previous articles to refresh yourself on how to run the process or contact me, Colin Lapthorn, personally for a quick overview and assistance on your particular issues – Tel: 07912 380042.
MAXIMISING THE RESULTS OF A STAFF REVIEW MEETING
In the last issue we looked at the running order of a review meeting and how to ensure that it runs for an hour rather than drifting on inconclusively for a much longer period of time.
Over the next couple of issues we will look at some of the crucial aspects of the meeting and how to ensure they run smoothly, so that reviews result in you and your employees feeling motivated and ready to meet the challenges of the next period.
(It might be useful to refer back to the previous issue to re-familiarise yourself with the running order as we run through this.)
Maximising the results: the introduction.
In the last issue we emphasised the importance of putting yourself and the employee at ease and building rapport. This is vital for the success of the whole meeting.
Once you are both comfortable then you can take control and explain the purpose of the meeting. This introduction should set the whole tone of the meeting and the better prepared you are for it the more likely you are to obtain the results you are seeking. The way to achieve this is to ensure that the employee’s mindset is positive in the first place, rather than negative and defensive.
There is a term in NLP (Neuro-Linguistic Programming) called 'pre-framing'. I have used the technique in my business dealings for some time but until I learned more about NLP I didn’t have a label to attach to it, which made it harder to explain and train others in. Simply put, pre-framing is looking at the likely objections and dealing with them before they arise in a conversation.
So, before the review, think about the likely concerns that your employee might have as they enter the meeting, and remember back to when you had your first review by a manager with whom you had no working history.
As well as you might have felt you had worked, you will have approached the meeting with trepidation and you will have been worried about your boss’s views on you; his or her perception of your performance and the outcomes. You may even have been concerned about keeping your job. List the concerns that you had and think about the concerns that will be going through your employee's mind.
The review meeting would be a lot more positive if your employee came in without those concerns, and the whole experience would then become much more open and constructive. So, the question is, how can we 'pre-frame' these concerns? A statement along the lines of the following would be a major step to achieving this.
“Right, before we start, I just want to run through the reason for the meeting and how I conduct them so that they work really well for you and I. Sometimes at the start people can feel anxious which is fair enough but they quickly realise that reviews with me are friendly, constructive and motivating. And they provide an open platform for us to develop you and your career and meet the business aims too. So, actually we are going to have a really constructive meeting and come out feeling positive and motivated and make a real difference over the next month.”
The statement is non-specific and acknowledges that there may be a little anxiety and re-assures. It sets the tone for the meeting so that, provided you do hold the meeting in the manner you have stated, it will run well.
Over time, once the employee has experienced a few positive, constructive and motivating reviews with you, the pre-framing will not be so relevant. On the basis of their positive experiences, they will approach the review with relish and even when something hasn’t gone as well as it should have, they will be prepared for the constructive conversation and be able to explain what they would do differently next time - so the difficult part of the review passes by without issues and has a very positive result.
In my view, how you set up and introduce the review are the most important aspects of ensuring that the review runs well.
Next Time
Next time we look at hints and techniques to ensure the review meeting itself runs smoothly.
Over the next couple of issues we will look at some of the crucial aspects of the meeting and how to ensure they run smoothly, so that reviews result in you and your employees feeling motivated and ready to meet the challenges of the next period.
(It might be useful to refer back to the previous issue to re-familiarise yourself with the running order as we run through this.)
Maximising the results: the introduction.
In the last issue we emphasised the importance of putting yourself and the employee at ease and building rapport. This is vital for the success of the whole meeting.
Once you are both comfortable then you can take control and explain the purpose of the meeting. This introduction should set the whole tone of the meeting and the better prepared you are for it the more likely you are to obtain the results you are seeking. The way to achieve this is to ensure that the employee’s mindset is positive in the first place, rather than negative and defensive.
There is a term in NLP (Neuro-Linguistic Programming) called 'pre-framing'. I have used the technique in my business dealings for some time but until I learned more about NLP I didn’t have a label to attach to it, which made it harder to explain and train others in. Simply put, pre-framing is looking at the likely objections and dealing with them before they arise in a conversation.
So, before the review, think about the likely concerns that your employee might have as they enter the meeting, and remember back to when you had your first review by a manager with whom you had no working history.
As well as you might have felt you had worked, you will have approached the meeting with trepidation and you will have been worried about your boss’s views on you; his or her perception of your performance and the outcomes. You may even have been concerned about keeping your job. List the concerns that you had and think about the concerns that will be going through your employee's mind.
The review meeting would be a lot more positive if your employee came in without those concerns, and the whole experience would then become much more open and constructive. So, the question is, how can we 'pre-frame' these concerns? A statement along the lines of the following would be a major step to achieving this.
“Right, before we start, I just want to run through the reason for the meeting and how I conduct them so that they work really well for you and I. Sometimes at the start people can feel anxious which is fair enough but they quickly realise that reviews with me are friendly, constructive and motivating. And they provide an open platform for us to develop you and your career and meet the business aims too. So, actually we are going to have a really constructive meeting and come out feeling positive and motivated and make a real difference over the next month.”
The statement is non-specific and acknowledges that there may be a little anxiety and re-assures. It sets the tone for the meeting so that, provided you do hold the meeting in the manner you have stated, it will run well.
Over time, once the employee has experienced a few positive, constructive and motivating reviews with you, the pre-framing will not be so relevant. On the basis of their positive experiences, they will approach the review with relish and even when something hasn’t gone as well as it should have, they will be prepared for the constructive conversation and be able to explain what they would do differently next time - so the difficult part of the review passes by without issues and has a very positive result.
In my view, how you set up and introduce the review are the most important aspects of ensuring that the review runs well.
Next Time
Next time we look at hints and techniques to ensure the review meeting itself runs smoothly.
HOLDING THE STAFF REVIEW MEETING
In the previous issue we looked at why reviewing during a probationary period is so important to the success of the new member of staff, in terms of assisting them in their personal growth, ensuring that they are fitting into your organisation and carrying out the role that you want them to, and helping them take on more responsibility within your organisation so that they can truly make a difference to your business.
We also looked at how to prepare for a staff review, including the areas to cover during the review, where and when to hold it and how to create the right environment to show that you care and allow you and the member of staff to converse openly and safely.
In this edition we look at how to conduct the review to ensure that motivation is maintained and grown, so that the employee performs to their maximum, and at how to achieve this whilst being mindful of your own time. The aim should be that review meetings are properly beneficial for you too, rather than an arduous chore solely for the benefit of new employee.
The Start Of The Meeting
Whatever you call the review, be it a meeting, an appraisal, an assessment or whatever, the member of staff will be nervous and concerned. For the review to be effective and positive the employee needs to be made to feel comfortable and relaxed in much the same way as if you were about to interview for a new post; the goal is to ensure that the conversation is open and honest between the two of you.
To this end, when the employee enters the room offer them a drink and enjoy some pleasantries rather than wading straight in. This will also relax you, too, as it is important that you are receptive and able to listen properly, and not simply geared-up to dive in and pick them up on aspects of their performance where you feel they could do better.
You will notice when the employee has relaxed as the atmosphere palpably changes and there will be a certain level of rapport between the two of you. You should also become aware that you are yourself calmer and ready to carry on in a positive frame of mind.
Once you become aware that the necessary rapport has been established, it will feel like the natural time to move on to the real business of the meeting, and you can take control and run through the points that need to be covered.
The Running Order Of The Meeting
Most of us will have been in a review at one time or another and will have varied experiences of them. The generally accepted way of running them, and certainly the way I have found that they work most effectively, is to run them in the following sequence:
1 – Employee to discuss performance, achievements and accomplishments and where they feel they need more assistance.
2 – Employee to discuss how they could develop and improve their performance which might include training, new assignments or new challenges.
3 – Manager to discuss performance with the employee and how they could achieve better performance including reviewing the data from the period under consideration.
4 – Manager to discuss their thoughts on the employee’s ideas on how to develop their role and performance.
5 – Jointly discuss areas of agreement and disagreement on the employee’s performance and reach consensus. The manager will probably be correct with their view with more experience, but for the review to be motivating and increase productivity it is important that they have the employee buy-in.
6 – Discuss specific areas of responsibility for the next part of the overall probationary period.
7 – Agree performance criteria and expected standards for the next period.
8 – Set the “SMART” goals to be met by the next review and why they are important to the employees development and to the business. (See the last issue for a brief explanation of “SMART.”)
9 – Agree the measurements for success with each goal.
10 – If previously-set goals have been achieved, discuss ways that goals that are important to the employee can be met, from their point of view.
11 – If the performance is poor:
13 – Discuss any other matter the manager or employee would like to discuss.
14 – Set a time for the next meeting.
15 – If the notes have been written legibly both sign them to evidence that the meeting took place.
16 – Close the meeting with the manager being positive about the outcomes and expressing confidence that the employee can achieve the goals and that the manager is available to provide assistance in achieving these plans.
That running order may look daunting at first sight but the reality is that the review should only take about an hour. With practice and some idea of the right amount of time each party should be speaking for, this does become quite easy to achieve in practice.
For instance, for points one and two I would allow the employee to talk for up to 15 minutes. I would expect to talk for something like 15 minutes during points three and four. Point five needs to be covered patiently and without raised voices and should be covered in five minutes or so, and thereafter you should find the remainder of the review will run quickly as any potential areas of dispute have been covered.
The key point to remember throughout the review is that it is important to hear the employee out and understand where they are coming from. You should be conducting the meeting with the goal of helping the employee.
Passions can run high in areas of disagreement and simply using your authority may ensure that you win your argument. However, that approach will be extremely detrimental to your relationship with the member of staff and de-motivate them, leading to their performance becoming a consistent issue - which is entirely the opposite of what a review process should be there to achieve. Instead of simply using your management position to 'win' any dispute, listen to and work with your new member of staff so that you get the best out of them, and they get the best out of their new employment.
Whilst this and our previous issue have been focusing on the probation review, the above process is one that can be used for any staff reviews in your business. By sticking to this format, your employees will become used to the running order and will come in fully prepared. Subsequently, the sharing of information and the clear focus of the meeting will produce excellent results and motivation for both your employees and you.
Next Time:
In the next issue we will look at the content of the meeting in greater detail and how to conduct it so that it does run within the timelines you set out. The result will be that you and the employee will be able to come out of a review meeting feeling it was a beneficial and positive experience, with both of you motivated and looking forward to achieving the agreed goals by the time of the next meeting.
We also looked at how to prepare for a staff review, including the areas to cover during the review, where and when to hold it and how to create the right environment to show that you care and allow you and the member of staff to converse openly and safely.
In this edition we look at how to conduct the review to ensure that motivation is maintained and grown, so that the employee performs to their maximum, and at how to achieve this whilst being mindful of your own time. The aim should be that review meetings are properly beneficial for you too, rather than an arduous chore solely for the benefit of new employee.
The Start Of The Meeting
Whatever you call the review, be it a meeting, an appraisal, an assessment or whatever, the member of staff will be nervous and concerned. For the review to be effective and positive the employee needs to be made to feel comfortable and relaxed in much the same way as if you were about to interview for a new post; the goal is to ensure that the conversation is open and honest between the two of you.
To this end, when the employee enters the room offer them a drink and enjoy some pleasantries rather than wading straight in. This will also relax you, too, as it is important that you are receptive and able to listen properly, and not simply geared-up to dive in and pick them up on aspects of their performance where you feel they could do better.
You will notice when the employee has relaxed as the atmosphere palpably changes and there will be a certain level of rapport between the two of you. You should also become aware that you are yourself calmer and ready to carry on in a positive frame of mind.
Once you become aware that the necessary rapport has been established, it will feel like the natural time to move on to the real business of the meeting, and you can take control and run through the points that need to be covered.
The Running Order Of The Meeting
Most of us will have been in a review at one time or another and will have varied experiences of them. The generally accepted way of running them, and certainly the way I have found that they work most effectively, is to run them in the following sequence:
1 – Employee to discuss performance, achievements and accomplishments and where they feel they need more assistance.
2 – Employee to discuss how they could develop and improve their performance which might include training, new assignments or new challenges.
3 – Manager to discuss performance with the employee and how they could achieve better performance including reviewing the data from the period under consideration.
4 – Manager to discuss their thoughts on the employee’s ideas on how to develop their role and performance.
5 – Jointly discuss areas of agreement and disagreement on the employee’s performance and reach consensus. The manager will probably be correct with their view with more experience, but for the review to be motivating and increase productivity it is important that they have the employee buy-in.
6 – Discuss specific areas of responsibility for the next part of the overall probationary period.
7 – Agree performance criteria and expected standards for the next period.
8 – Set the “SMART” goals to be met by the next review and why they are important to the employees development and to the business. (See the last issue for a brief explanation of “SMART.”)
9 – Agree the measurements for success with each goal.
10 – If previously-set goals have been achieved, discuss ways that goals that are important to the employee can be met, from their point of view.
11 – If the performance is poor:
- Jointly put together a performance plan.
- Set up more regular reviews to help the employee overcome the issues and bring them back to where they are expected to be.
- Remind the employee of the consequences of continued under-performance.
13 – Discuss any other matter the manager or employee would like to discuss.
14 – Set a time for the next meeting.
15 – If the notes have been written legibly both sign them to evidence that the meeting took place.
16 – Close the meeting with the manager being positive about the outcomes and expressing confidence that the employee can achieve the goals and that the manager is available to provide assistance in achieving these plans.
That running order may look daunting at first sight but the reality is that the review should only take about an hour. With practice and some idea of the right amount of time each party should be speaking for, this does become quite easy to achieve in practice.
For instance, for points one and two I would allow the employee to talk for up to 15 minutes. I would expect to talk for something like 15 minutes during points three and four. Point five needs to be covered patiently and without raised voices and should be covered in five minutes or so, and thereafter you should find the remainder of the review will run quickly as any potential areas of dispute have been covered.
The key point to remember throughout the review is that it is important to hear the employee out and understand where they are coming from. You should be conducting the meeting with the goal of helping the employee.
Passions can run high in areas of disagreement and simply using your authority may ensure that you win your argument. However, that approach will be extremely detrimental to your relationship with the member of staff and de-motivate them, leading to their performance becoming a consistent issue - which is entirely the opposite of what a review process should be there to achieve. Instead of simply using your management position to 'win' any dispute, listen to and work with your new member of staff so that you get the best out of them, and they get the best out of their new employment.
Whilst this and our previous issue have been focusing on the probation review, the above process is one that can be used for any staff reviews in your business. By sticking to this format, your employees will become used to the running order and will come in fully prepared. Subsequently, the sharing of information and the clear focus of the meeting will produce excellent results and motivation for both your employees and you.
Next Time:
In the next issue we will look at the content of the meeting in greater detail and how to conduct it so that it does run within the timelines you set out. The result will be that you and the employee will be able to come out of a review meeting feeling it was a beneficial and positive experience, with both of you motivated and looking forward to achieving the agreed goals by the time of the next meeting.
CONDUCTING SUCCESSFUL STAFF REVIEWS
Following our last issue, we now have an understanding of how to use the probationary period to ensure that the new employee delivers what he/she promised to deliver.
At the same time it is also vital that the new employee is made to feel comfortable in their new role. Never forget that probationary periods are two-way - which means that it is easier for new staff to leave during this time.
To ensure that you as the hiring manager will be happy if your new employee passes their probation, you should conduct regular reviews. (In fact, in my view regular reviews should be conducted for the duration of the employee’s career with you.) In this article I look at preparing for these reviews.
It is very hard to find guidance on how to prepare and set the parameters for a review so we usually adopt the style of the managers who have reviewed us in the past. This can be good if they were good, but the opposite can easily be just as true. So, whilst some of the following may seem very simple, it is nevertheless important to apply this approach to ensure for maximum efficacy and a motivated and well-performing employee.
So, What Should Be Reviewed?
If you have followed the hiring process detailed in previous issues of this blog, the subjects to be covered in the reviews will have been covered in your initial job description and requirements from the behaviours you were expecting and interviewing for.
Rather than spend a large portion of this issue running through those here, I will refer you to the relevant blog entries for June 2010
“Making Job Descriptions Work For You” Part 1
“Making Job Descriptions Work For You” Part 2
“Making Job Descriptions Work For You” Part 3
So, following that approach means we will have established the outcomes we are looking for during the interview process and agreed them during the induction and initial training period. This means we can now set out to review against these outcomes.
Borrowing from my examples from the earlier issues, the expected outcomes for a new recruiter are detailed below after 30 and 90 days of employment.
In 30 days
In 90 days
This provides for clear criteria to be reviewed at the start of the employment and throughout the probation period.
Likewise, ongoing targets and behavioural expectations can be agreed and set for future reviews - both once the initial criteria have been met within the probation period and thereafter, once the probation period has been passed.
If handled correctly and professionally, these reviews can be highly motivational to your staff by providing ongoing challenges to them which will enhance their career and standing within your business, increase their skills and competencies and make them feel valued within the business - all of which will, in turn, increase their productivity.
In order to set appropriate and challenging targets remember the 'SMART' maxim: the targets should be:
Specific – detail the objective
Measurable – the parameters for success
Achievable – can they be achieved and have they been agreed by all parties?
Realistic – are the expectations realistic?
Time – the start and end time for the objective to be achieved.
Preparing For The Review:
When agreeing the review time and date let the employee know what you would like to cover. If the targets are “SMART” and have been agreed by both parties then both parties can prepare prior to the review by looking at the specific achievements and whether they have been achieved or not.
Normally the conversation will be about the specific targets but if additional points should be covered then it is wise to let the employee know in advance as well. That said, if there is a behavioural concern around attitude or treatment of colleagues or clients then I would bring this up in the review rather than prior to the review so that the issue can be covered informally without being marked on the employees records. This also prevents a drop in performance whilst the staff member worries about what will happen before the meeting has happened.
When And Where To Conduct The Review:
Reviews can be conducted formally at a set time or informally at the desk.
My preference is to review regularly at the desk and to formally review away from the desk on a monthly basis.
My regular reviews are daily to start with and move to weekly as the person settles in and is moving forward. My aim is to gain from these an understanding of how the employee is organising and planning, and to run through how they carry out their tasks in the live environment. These reviews can usually be conducted at short notice and are much more effective at the desk as -
a) you can often show them more effective ways of carrying out their day-to-day tasks and show them and their colleagues, who will be paying attention even though they are not being reviewed, how to be most effective.
b) it enables you to see that they are thinking about what they are doing and will ensure that the whole team does. This in turn ensures a better experience for your customers.
c) it allows you to praise them in front of others.
I provide a few days notice for the monthly reviews and set aside an hour for the review and ensure that there is private room/office to conduct it in.
The Environment:
The environment for conducting a formal review is very important and it should be akin to the environment you create when you set up interviews.
To be effective, it is vital from the outset that the employee feels safe to talk to you and that their development and concerns are important to you. The review should therefore be held in a closed room or, failing that, in a secluded area where interruptions are unlikely. Public places or open plan offices do not create an environment where an employee can feel comfortable being open and honest about their performance. Further, if there are aspects of their performance that you are not happy with then discussing this privately is always a good thing for the employee and - if handled correctly - motivational too. On the other hand, if problems are dealt with in an open environment in front of others, that can severely damage trust and the motivation of the employee and the team around them.
It is also important to ensure that you cannot be interrupted, your phone is off and that your attention is fully with the employee for the duration of the meeting. As with the interview, having a clock in your eye line is helpful so that you can track time without looking at your watch, which is a huge distraction to the employee and creates the impression that you are not really focused on the review.
Again like an interview, it is important that the employee is put at ease so that they are open and honest with you. So, start with small talk about themselves and how things are going just to create a more relaxed feel before you start the review itself.
Next Tme:
In the next article we will look at how to conduct the review.
At the same time it is also vital that the new employee is made to feel comfortable in their new role. Never forget that probationary periods are two-way - which means that it is easier for new staff to leave during this time.
To ensure that you as the hiring manager will be happy if your new employee passes their probation, you should conduct regular reviews. (In fact, in my view regular reviews should be conducted for the duration of the employee’s career with you.) In this article I look at preparing for these reviews.
It is very hard to find guidance on how to prepare and set the parameters for a review so we usually adopt the style of the managers who have reviewed us in the past. This can be good if they were good, but the opposite can easily be just as true. So, whilst some of the following may seem very simple, it is nevertheless important to apply this approach to ensure for maximum efficacy and a motivated and well-performing employee.
So, What Should Be Reviewed?
If you have followed the hiring process detailed in previous issues of this blog, the subjects to be covered in the reviews will have been covered in your initial job description and requirements from the behaviours you were expecting and interviewing for.
Rather than spend a large portion of this issue running through those here, I will refer you to the relevant blog entries for June 2010
“Making Job Descriptions Work For You” Part 1
“Making Job Descriptions Work For You” Part 2
“Making Job Descriptions Work For You” Part 3
So, following that approach means we will have established the outcomes we are looking for during the interview process and agreed them during the induction and initial training period. This means we can now set out to review against these outcomes.
Borrowing from my examples from the earlier issues, the expected outcomes for a new recruiter are detailed below after 30 and 90 days of employment.
In 30 days
- To be fully cognisant of our database and able to demonstrate an in-depth ability to perform searches and enter all conversations on it.
- To be able to present a complete overview of the technical speciality they work in.
- To be able to have informed conversations with candidates in their sector.
In 90 days
- To have met the targets set, leading through the recruitment process from obtaining the role, submitting CVs and setting up interviews; and having basic control of the process.
- To be able to effectively present candidates to clients.
- To be able to plan the day effectively and unsupervised.
This provides for clear criteria to be reviewed at the start of the employment and throughout the probation period.
Likewise, ongoing targets and behavioural expectations can be agreed and set for future reviews - both once the initial criteria have been met within the probation period and thereafter, once the probation period has been passed.
If handled correctly and professionally, these reviews can be highly motivational to your staff by providing ongoing challenges to them which will enhance their career and standing within your business, increase their skills and competencies and make them feel valued within the business - all of which will, in turn, increase their productivity.
In order to set appropriate and challenging targets remember the 'SMART' maxim: the targets should be:
Specific – detail the objective
Measurable – the parameters for success
Achievable – can they be achieved and have they been agreed by all parties?
Realistic – are the expectations realistic?
Time – the start and end time for the objective to be achieved.
Preparing For The Review:
When agreeing the review time and date let the employee know what you would like to cover. If the targets are “SMART” and have been agreed by both parties then both parties can prepare prior to the review by looking at the specific achievements and whether they have been achieved or not.
Normally the conversation will be about the specific targets but if additional points should be covered then it is wise to let the employee know in advance as well. That said, if there is a behavioural concern around attitude or treatment of colleagues or clients then I would bring this up in the review rather than prior to the review so that the issue can be covered informally without being marked on the employees records. This also prevents a drop in performance whilst the staff member worries about what will happen before the meeting has happened.
When And Where To Conduct The Review:
Reviews can be conducted formally at a set time or informally at the desk.
My preference is to review regularly at the desk and to formally review away from the desk on a monthly basis.
My regular reviews are daily to start with and move to weekly as the person settles in and is moving forward. My aim is to gain from these an understanding of how the employee is organising and planning, and to run through how they carry out their tasks in the live environment. These reviews can usually be conducted at short notice and are much more effective at the desk as -
a) you can often show them more effective ways of carrying out their day-to-day tasks and show them and their colleagues, who will be paying attention even though they are not being reviewed, how to be most effective.
b) it enables you to see that they are thinking about what they are doing and will ensure that the whole team does. This in turn ensures a better experience for your customers.
c) it allows you to praise them in front of others.
I provide a few days notice for the monthly reviews and set aside an hour for the review and ensure that there is private room/office to conduct it in.
The Environment:
The environment for conducting a formal review is very important and it should be akin to the environment you create when you set up interviews.
To be effective, it is vital from the outset that the employee feels safe to talk to you and that their development and concerns are important to you. The review should therefore be held in a closed room or, failing that, in a secluded area where interruptions are unlikely. Public places or open plan offices do not create an environment where an employee can feel comfortable being open and honest about their performance. Further, if there are aspects of their performance that you are not happy with then discussing this privately is always a good thing for the employee and - if handled correctly - motivational too. On the other hand, if problems are dealt with in an open environment in front of others, that can severely damage trust and the motivation of the employee and the team around them.
It is also important to ensure that you cannot be interrupted, your phone is off and that your attention is fully with the employee for the duration of the meeting. As with the interview, having a clock in your eye line is helpful so that you can track time without looking at your watch, which is a huge distraction to the employee and creates the impression that you are not really focused on the review.
Again like an interview, it is important that the employee is put at ease so that they are open and honest with you. So, start with small talk about themselves and how things are going just to create a more relaxed feel before you start the review itself.
Next Tme:
In the next article we will look at how to conduct the review.
HOW TO USE THE PROBATIONARY PERIOD
Last year we looked at how to make a good hire and induct the person into the business successfully. We also talked about how important first impressions are during the interview process and when the person first starts at your company, so that the new recruit settles in quickly and feels wanted. Now we have to ensure that they perform.
In this edition I will look at how best to use the probationary period, and I'll explore retaining staff in future issues.
Employee Rights Within The Probationary Period:
Employers normally operate a three- to six-month probationary period for a new employee, before the person is confirmed as a full member of staff. This is the period for you, the employer, to decide that you have made the right decision and for the new employee to do the same.
During the probation period the new employee is afforded the same rights as the existing employees. However, if you decide to let the probationer go during this period then they are only due the specified notice period applicable to their probation, which is usually a week rather than a month. Unfair dismissal cannot be claimed unless the reason is for harassment or some form of discrimination. (If the the probationary period has lasted longer than a year then you would have to go through the statutory dismissal process.)
It's A Two-Way Street:
A probationary period allows you, the employer to ensure that what was promised in the interview is delivered by the new employee. It also means that, provided you act sensibly, you can let the person go if the person isn’t working out without having to carry out the usual two- or three-stage warning procedure.
If you are generally happy with the performance of the new employee but continue to have a few concerns at the end of a probationary period, then the probation can be extended via a review on or before the end of the first period. You will also need to provide a follow-up in writing, detailing the period of the extension and the areas which require improvement.
It is also a fact that a new hire is most likely to leave within six months of joining you. This means that you have to look after the new employee!
It is important to realise that probationary periods are two way and if the conditions promised by you in the interview don’t materialise then your new member of staff could leave on minimal notice and you'll have to go through the hiring process again, with little or no tangible gain from the first recruit during the short time they worked for you.
In short, always remember that the probationary period is an important time for all parties.
How To Ensure That The Relationship Works:
When somebody new starts it is fair to say that they will need guidance even if they have carried out a similar role at a previous employer because no two working environments are the same.
Therefore, you or someone who you trust and understands the role to be carried out should show the person how the tasks are carried out in your organisation.
Your role, or that of the team leader or HR, is to review progress regularly with the new employee so they understand how they are progressing - with praise where they have performed well and explanation as to where improvement is needed. This will allow you to pinpoint any training needs to ensure that role is carried out satisfactorily in the future and it also allows the new employee to air any concerns.
After each review it is useful to document the progress in your own records and in writing to the new employee. This avoids ambiguity, provides motivation if the employee is doing well and clarity on what is required. It can also be useful if a grievance is lodged at a later time, or as an evidentiary trail if you feel you either have to extend the probation period or terminate the employment during or at the end of the probation period.
The Dangers:
This may all seem straightforward, but in the work environment there are always lots of pulls on a manager's time and it is all too easy to overlook the activities which will ensure that you are on keeping on top of a new employee's performance and showing them that you care and are trying to help them be successful. As a result, the new employee frequently receives attention in the first week or two and is then more-or-less ignored. By the time they are formally reviewed towards the end of the probationary period they can have established working patterns which may not be acceptable or their morale is low and retaining them will prove a real challenge.
In Summary:
Used correctly, the probationary period is an excellent tool to ensure that the new employee is performing in the way you want and is motivated, committed and happy working with you and your organisation. It allows you to be fair and highlight areas which require improvement, and it provides time and scope for the new employee to improve in those areas. The result should be that at the end of the period, the decision to continue or not is easy and, indeed, obvious for both parties.
Next Time:
In the next edition I will look at how to conduct employee reviews in a manner which is effective but not overly time consuming, so that they are easy to fit around your existing work schedule.
In this edition I will look at how best to use the probationary period, and I'll explore retaining staff in future issues.
Employee Rights Within The Probationary Period:
Employers normally operate a three- to six-month probationary period for a new employee, before the person is confirmed as a full member of staff. This is the period for you, the employer, to decide that you have made the right decision and for the new employee to do the same.
During the probation period the new employee is afforded the same rights as the existing employees. However, if you decide to let the probationer go during this period then they are only due the specified notice period applicable to their probation, which is usually a week rather than a month. Unfair dismissal cannot be claimed unless the reason is for harassment or some form of discrimination. (If the the probationary period has lasted longer than a year then you would have to go through the statutory dismissal process.)
It's A Two-Way Street:
A probationary period allows you, the employer to ensure that what was promised in the interview is delivered by the new employee. It also means that, provided you act sensibly, you can let the person go if the person isn’t working out without having to carry out the usual two- or three-stage warning procedure.
If you are generally happy with the performance of the new employee but continue to have a few concerns at the end of a probationary period, then the probation can be extended via a review on or before the end of the first period. You will also need to provide a follow-up in writing, detailing the period of the extension and the areas which require improvement.
It is also a fact that a new hire is most likely to leave within six months of joining you. This means that you have to look after the new employee!
It is important to realise that probationary periods are two way and if the conditions promised by you in the interview don’t materialise then your new member of staff could leave on minimal notice and you'll have to go through the hiring process again, with little or no tangible gain from the first recruit during the short time they worked for you.
In short, always remember that the probationary period is an important time for all parties.
How To Ensure That The Relationship Works:
When somebody new starts it is fair to say that they will need guidance even if they have carried out a similar role at a previous employer because no two working environments are the same.
Therefore, you or someone who you trust and understands the role to be carried out should show the person how the tasks are carried out in your organisation.
Your role, or that of the team leader or HR, is to review progress regularly with the new employee so they understand how they are progressing - with praise where they have performed well and explanation as to where improvement is needed. This will allow you to pinpoint any training needs to ensure that role is carried out satisfactorily in the future and it also allows the new employee to air any concerns.
After each review it is useful to document the progress in your own records and in writing to the new employee. This avoids ambiguity, provides motivation if the employee is doing well and clarity on what is required. It can also be useful if a grievance is lodged at a later time, or as an evidentiary trail if you feel you either have to extend the probation period or terminate the employment during or at the end of the probation period.
The Dangers:
This may all seem straightforward, but in the work environment there are always lots of pulls on a manager's time and it is all too easy to overlook the activities which will ensure that you are on keeping on top of a new employee's performance and showing them that you care and are trying to help them be successful. As a result, the new employee frequently receives attention in the first week or two and is then more-or-less ignored. By the time they are formally reviewed towards the end of the probationary period they can have established working patterns which may not be acceptable or their morale is low and retaining them will prove a real challenge.
In Summary:
Used correctly, the probationary period is an excellent tool to ensure that the new employee is performing in the way you want and is motivated, committed and happy working with you and your organisation. It allows you to be fair and highlight areas which require improvement, and it provides time and scope for the new employee to improve in those areas. The result should be that at the end of the period, the decision to continue or not is easy and, indeed, obvious for both parties.
Next Time:
In the next edition I will look at how to conduct employee reviews in a manner which is effective but not overly time consuming, so that they are easy to fit around your existing work schedule.
THE REALITIES OF THE EQUALITY ACT
Firstly, happy New Year to you all and I hope 2011 turns out to be highly successful..
What is the Equality Act?
The Equality Act provides a legislative framework to protect the rights of individuals and provide equality of opportunity for all. The Act has updated and simplified previous legislation and delivers a simple, modern and accessible framework of discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society.
Most of the provisions came into force in the UK on 1st October 2010 and replace a number of pieces of legislation such as the Race Relations Act of 1976 and the Disability Discrimination Act of 1985 so that fair working measures are basically combined under one act.
The legislation now covers the following areas, where discrimination is based on:
There are many new definitions of discrimination which as an employer you definitely need to be aware of such as:
The purpose of this article is to look at the implications from a hiring perspective rather than the overall implications but, an excellent overview of the implications of the Act can be found on the ACAS website on the link below:
http://www.acas.org.uk/CHttpHandler.ashx?id=2833&p=0
Health Screening:
What I want to look at today is the affects that the Act will have on hiring and how to deal with them.
The main outcome of the Act is that, barring certain exceptions detailed below, employers will not be able to ask pre-employment questions. Employers will be able to ask medical questions or ask applicants to take a medical assessment after an offer has been made but only so that adjustments can be made to accommodate the new employee.
The Exceptions:
So what does this mean?
The main point is that asking the questions is not discriminatory but acting on the responses could be discriminatory and allow unsuccessful applicants to submit a claim to the employment tribunal. The burden is then on the employer to demonstrate that there was no discrimination and why another applicant was offered the role or that the claimant wasn’t considered right because of qualification and ability to carry out the role.
In today’s litigious society this can put great pressure on employers and means changing the way you hire.
From a practical point of view I am sure we are all totally against discrimination and the Act is very positive in this way. We only have to look at our own workforces, however, to realise that some people take lots of time off for various illnesses whilst others take minimal or no time off.
Sometimes people taking lots of time off goes back to the employer’s business environment being negative and not motivational so staff are more likely to take time off for minor situations. Sometimes, however, there are people who just don’t care and create an additional work load for the rest of the team due to their unreliability. As a potential employer I would want to establish this and under the new legislation would find it very difficult.
The likely outcome is that if employers have an inkling that someone has illnesses, etc., (good interviewers develop a good gut feel) then rather than asking questions to establish the true situation, they will carry out the interview without asking and find other reasons which could easily be documented as to why they did not make the hire.
The act could then be counter productive in terms of employers not wanting to take risks when they cannot verify someone’s health. So, applicants could be discriminated against more easily and the savvy employer with good interview notes would be able to provide plenty of justification for not making an offer or hire. On top of this there would be no obvious grounds for the applicant to go to a tribunal because there were no signs of discrimination.
In summary, the Act is sensible but by moving too far to protect the applicants could actually act against them.
A Small Addendum regarding The Apprentice series which finished in December in the UK.
A little late but anybody who watched the week in December when the candidates were interviewed will have learned exactly how not to interview someone.
Many of the questions were dubious, at best, under the new Equality Legislation, and were insulting for the candidates for the high profile role. If these techniques were applied in a real environment I am confident the candidate would decline the opportunity. The methodology I have been demonstrating may not make such an interesting television programme but it is effective and keeps the candidate onside.
We will be back soon with more hints and tips on how to make the best hires and retain the best staff.
What is the Equality Act?
The Equality Act provides a legislative framework to protect the rights of individuals and provide equality of opportunity for all. The Act has updated and simplified previous legislation and delivers a simple, modern and accessible framework of discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society.
Most of the provisions came into force in the UK on 1st October 2010 and replace a number of pieces of legislation such as the Race Relations Act of 1976 and the Disability Discrimination Act of 1985 so that fair working measures are basically combined under one act.
The legislation now covers the following areas, where discrimination is based on:
- Pregnancy and maternity,
- sexual orientation,
- sex,
- religion or belief,
- race,
- gender reassignment,
- disability and age.
There are many new definitions of discrimination which as an employer you definitely need to be aware of such as:
- discrimination by association,
- perception discrimination, and
- indirect discrimination.
The purpose of this article is to look at the implications from a hiring perspective rather than the overall implications but, an excellent overview of the implications of the Act can be found on the ACAS website on the link below:
http://www.acas.org.uk/CHttpHandler.ashx?id=2833&p=0
Health Screening:
What I want to look at today is the affects that the Act will have on hiring and how to deal with them.
The main outcome of the Act is that, barring certain exceptions detailed below, employers will not be able to ask pre-employment questions. Employers will be able to ask medical questions or ask applicants to take a medical assessment after an offer has been made but only so that adjustments can be made to accommodate the new employee.
The Exceptions:
- To find out whether the applicant can comply with a work requirement or the interview.
- To find out if the employer has to make reasonable changes to allow the interview to go ahead.
- To find out whether the applicant can carry out a function required for the role.
- To monitor diversity within the applicants.
- If a role requires a person with a disability, to establish that the applicant has the disability.
- To take positive action to enable disabled people to overcome a disadvantage.
- To vet applicants in relation to national security.
So what does this mean?
The main point is that asking the questions is not discriminatory but acting on the responses could be discriminatory and allow unsuccessful applicants to submit a claim to the employment tribunal. The burden is then on the employer to demonstrate that there was no discrimination and why another applicant was offered the role or that the claimant wasn’t considered right because of qualification and ability to carry out the role.
In today’s litigious society this can put great pressure on employers and means changing the way you hire.
From a practical point of view I am sure we are all totally against discrimination and the Act is very positive in this way. We only have to look at our own workforces, however, to realise that some people take lots of time off for various illnesses whilst others take minimal or no time off.
Sometimes people taking lots of time off goes back to the employer’s business environment being negative and not motivational so staff are more likely to take time off for minor situations. Sometimes, however, there are people who just don’t care and create an additional work load for the rest of the team due to their unreliability. As a potential employer I would want to establish this and under the new legislation would find it very difficult.
The likely outcome is that if employers have an inkling that someone has illnesses, etc., (good interviewers develop a good gut feel) then rather than asking questions to establish the true situation, they will carry out the interview without asking and find other reasons which could easily be documented as to why they did not make the hire.
The act could then be counter productive in terms of employers not wanting to take risks when they cannot verify someone’s health. So, applicants could be discriminated against more easily and the savvy employer with good interview notes would be able to provide plenty of justification for not making an offer or hire. On top of this there would be no obvious grounds for the applicant to go to a tribunal because there were no signs of discrimination.
In summary, the Act is sensible but by moving too far to protect the applicants could actually act against them.
A Small Addendum regarding The Apprentice series which finished in December in the UK.
A little late but anybody who watched the week in December when the candidates were interviewed will have learned exactly how not to interview someone.
Many of the questions were dubious, at best, under the new Equality Legislation, and were insulting for the candidates for the high profile role. If these techniques were applied in a real environment I am confident the candidate would decline the opportunity. The methodology I have been demonstrating may not make such an interesting television programme but it is effective and keeps the candidate onside.
We will be back soon with more hints and tips on how to make the best hires and retain the best staff.
(CHRISTMAS/NEW YEAR BREAK)
Many thanks to all the blog's readers over the past months. I won't be adding any more posts for the rest of 2010, but will be resuming in the first week of January.
In the meantime, I hope you have a good Christmas / New Year break, and here's to 2011.
In the meantime, I hope you have a good Christmas / New Year break, and here's to 2011.
AGENCY WORKERS REGULATIONS 2010
The Agency Workers Regulations 2010 will come into force in the UK on 1 October 2011. It is easy to think that this can be dealt with nearer the time, but anyone dealing with agency workers would be well advised to start planning now. In this article Rebecca Seeley Harris of Re: Legal Consulting Ltd discusses the implications of the Regulations.
The Regulations have been implemented on the basis of the CBI/TUC agreement of May 2008 that after 12 weeks in a given job an agency worker will be an entitlement to basic employment rights and equal treatment.
The Regulations seeks to protect vulnerable temporary agency workers by giving them basic employment rights and equal treatment after 12 continuous calendar weeks working for the hirer. The key objectives are to achieve protection for temporary agency workers whilst at the same time allowing flexibility in the labour market.
It was announced recently by the Government that they will not be making any changes to the Regulations, despite speculation that they might. The Regulations will, therefore, become effective from 1 October 2011 in their existing form. The Government are now busy setting out industry guidance, but this will apparently not be available in its final form until June 2011. Although the guidance will shed some light on the rather complex arrangements, it does not have any legal standing as such. As with any new piece of legislation, the more complex grey issues will undoubtedly require litigation to provide clarification.
Responsibilities of the agency and hirer
In the meantime, what is already certain is that the Regulations will have a major impact on all parties in the recruitment agency process. Both the recruitment agency and the hirer have liability for breaches of the legislation, to the extent that they are responsible or to blame for the breach or infringement.
The Regulations also apply to agency workers supplied via intermediaries, this is to ensure that agency workers supplied through Master or Neutral Vendor or other ‘chain’ arrangements including umbrella companies are covered. The definitions used also ensure coverage for employees and workers on zero hours contracts.
The Regulations do provide the so called “Swedish Derogation” which exempts the agency from complying with the Regulations, but only as they relate to pay. To take advantage of the derogation the agency worker must, amongst other conditions, have a permanent contract of employment with the agency and must be paid between assignments at a minimum rate. The contract must also have been entered into prior to the beginning of the first assignment.
Rights of the temporary agency worker
A temporary agency worker is defined as an individual who is supplied by a temporary work agency to work temporarily for and under the supervision and direction of the hirer. Under the Regulations the agency worker can benefit from basic employment rights and equal treatment after the qualifying period of 12 continuous calendar weeks working for the hirer. This does not mean, however, that they become a permanent employee but, it entitles the worker to equal treatment to that of a comparable employee during the currency of the contract or assignment.
The Regulations do not apply to those individuals who are providing their services to the agency or the hirer as an independent contractor carrying on a business undertaking. There is no actual ‘opt-out’ or exemption for limited company contractors or the genuinely self-employed, so establishing whether they are in fact running a business, will be determined by the employment status case law. The Regulations, however, will only come into play if the agency worker takes the matter to the employment tribunal, and the complaint has to be presented within three months of the alleged infringement of a right conferred by the Regulations.
Worker’s rights and equal treatment
The Regulations apply mainly to conditions regarding pay and equal treatment for the agency worker after the qualifying period of 12 weeks. The agency worker is entitled to the same basic working and employment conditions as a comparable employee or worker doing the same job for the hirer.
The agency worker will be entitled to the basic terms and conditions that are contained in a comparable employee’s employment contract. The relevant terms and conditions being those relating to pay, the duration of the working time, night work, rest periods, rest breaks and annual leave. Pay, in this respect, will include any fee, bonus, commission, holiday pay or other payments with reference to the employment, although certain payments are excluded.
The liability of the agency and hirer
In terms of liability, both the agency and the hirer are liable to the extent that they are responsible for the particular breach. Where the breach relates to basic working and employment conditions, the hirer will have sole liability if the agency has acted reasonably and taken reasonable steps to obtain the necessary information from the hirer, using the ‘reasonable steps’ defence. Both the agency and hirer are ‘equally responsible’ for their part in the act of unfair dismissal or subjecting the agency worker to a detriment.
In relation to equal treatment claims where the hirer is solely responsible (e.g. access to canteens, child care, etc) the agency will not be held liable because the agency have no role in delivering these entitlements.
Although the legislation sets out the liabilities, it does not address the issue of indemnity clauses. This would have been an unprecedented step for Government to take to intervene in private commercial arrangements to protect the commercial interests of a particular party. It does, however, leave the agency in a position where the client (the hirer) could include an indemnity in their terms and conditions, giving the agency sole liability in spite of the reasonable steps defence.
Although the Regulations do not come into force until October 2011, it is essential to start planning early. Any year long contracts signed now will need to address the issue regardless of whether the Government guidance has been given. Unlike previous legislation which has applied to the recruitment sector, these Regulations require that both parties take responsibility and particularly the hirer or end client.
Rebecca Seeley Harris
Re: Legal Consulting Ltd
Tel: +44 (0) 1392 876428
Email: rebecca@relegalconsulting.co.uk
Rebecca is a specialist legal consultant who specialises in the law relating to independent contractors and the non-standard workforce. Rebecca has over 10 years experience in dealing with issues such as IR35, employment status, the EAA Conduct Regulations, and other issues relating to contract or the recruitment or coaching industries.
The Regulations have been implemented on the basis of the CBI/TUC agreement of May 2008 that after 12 weeks in a given job an agency worker will be an entitlement to basic employment rights and equal treatment.
The Regulations seeks to protect vulnerable temporary agency workers by giving them basic employment rights and equal treatment after 12 continuous calendar weeks working for the hirer. The key objectives are to achieve protection for temporary agency workers whilst at the same time allowing flexibility in the labour market.
It was announced recently by the Government that they will not be making any changes to the Regulations, despite speculation that they might. The Regulations will, therefore, become effective from 1 October 2011 in their existing form. The Government are now busy setting out industry guidance, but this will apparently not be available in its final form until June 2011. Although the guidance will shed some light on the rather complex arrangements, it does not have any legal standing as such. As with any new piece of legislation, the more complex grey issues will undoubtedly require litigation to provide clarification.
Responsibilities of the agency and hirer
In the meantime, what is already certain is that the Regulations will have a major impact on all parties in the recruitment agency process. Both the recruitment agency and the hirer have liability for breaches of the legislation, to the extent that they are responsible or to blame for the breach or infringement.
The Regulations also apply to agency workers supplied via intermediaries, this is to ensure that agency workers supplied through Master or Neutral Vendor or other ‘chain’ arrangements including umbrella companies are covered. The definitions used also ensure coverage for employees and workers on zero hours contracts.
The Regulations do provide the so called “Swedish Derogation” which exempts the agency from complying with the Regulations, but only as they relate to pay. To take advantage of the derogation the agency worker must, amongst other conditions, have a permanent contract of employment with the agency and must be paid between assignments at a minimum rate. The contract must also have been entered into prior to the beginning of the first assignment.
Rights of the temporary agency worker
A temporary agency worker is defined as an individual who is supplied by a temporary work agency to work temporarily for and under the supervision and direction of the hirer. Under the Regulations the agency worker can benefit from basic employment rights and equal treatment after the qualifying period of 12 continuous calendar weeks working for the hirer. This does not mean, however, that they become a permanent employee but, it entitles the worker to equal treatment to that of a comparable employee during the currency of the contract or assignment.
The Regulations do not apply to those individuals who are providing their services to the agency or the hirer as an independent contractor carrying on a business undertaking. There is no actual ‘opt-out’ or exemption for limited company contractors or the genuinely self-employed, so establishing whether they are in fact running a business, will be determined by the employment status case law. The Regulations, however, will only come into play if the agency worker takes the matter to the employment tribunal, and the complaint has to be presented within three months of the alleged infringement of a right conferred by the Regulations.
Worker’s rights and equal treatment
The Regulations apply mainly to conditions regarding pay and equal treatment for the agency worker after the qualifying period of 12 weeks. The agency worker is entitled to the same basic working and employment conditions as a comparable employee or worker doing the same job for the hirer.
The agency worker will be entitled to the basic terms and conditions that are contained in a comparable employee’s employment contract. The relevant terms and conditions being those relating to pay, the duration of the working time, night work, rest periods, rest breaks and annual leave. Pay, in this respect, will include any fee, bonus, commission, holiday pay or other payments with reference to the employment, although certain payments are excluded.
The liability of the agency and hirer
In terms of liability, both the agency and the hirer are liable to the extent that they are responsible for the particular breach. Where the breach relates to basic working and employment conditions, the hirer will have sole liability if the agency has acted reasonably and taken reasonable steps to obtain the necessary information from the hirer, using the ‘reasonable steps’ defence. Both the agency and hirer are ‘equally responsible’ for their part in the act of unfair dismissal or subjecting the agency worker to a detriment.
In relation to equal treatment claims where the hirer is solely responsible (e.g. access to canteens, child care, etc) the agency will not be held liable because the agency have no role in delivering these entitlements.
Although the legislation sets out the liabilities, it does not address the issue of indemnity clauses. This would have been an unprecedented step for Government to take to intervene in private commercial arrangements to protect the commercial interests of a particular party. It does, however, leave the agency in a position where the client (the hirer) could include an indemnity in their terms and conditions, giving the agency sole liability in spite of the reasonable steps defence.
Although the Regulations do not come into force until October 2011, it is essential to start planning early. Any year long contracts signed now will need to address the issue regardless of whether the Government guidance has been given. Unlike previous legislation which has applied to the recruitment sector, these Regulations require that both parties take responsibility and particularly the hirer or end client.
Rebecca Seeley Harris
Re: Legal Consulting Ltd
Tel: +44 (0) 1392 876428
Email: rebecca@relegalconsulting.co.uk
Rebecca is a specialist legal consultant who specialises in the law relating to independent contractors and the non-standard workforce. Rebecca has over 10 years experience in dealing with issues such as IR35, employment status, the EAA Conduct Regulations, and other issues relating to contract or the recruitment or coaching industries.
PSYCHOMETRICS ... WHO NEEDS THEM?
This article by Sean Hutton, Managing Director of Human Capital Development, introduces psychometric testing and explains its value to business large and - especially - small. In future editions of this blog, Sean will be providing more detail about this aspect of recruitment.
For 20 years I was a psychometric cynic, believing that ‘gut instinct’ was all I needed to make reliable hiring decisions. Then a meeting with a highly respected profiling expert changed my mind: a five minute questionnaire and he had me down to a t. The shock was he talked about the man behind the façade, my strengths, my weaknesses, my timescales … he talked about me! The penny dropped - this was so much better than intuition; it added reliable information to recruitment decisions. That day I literally bought into the company.
Who needs them?
If truth be told, every company from the biggest PLC to the smallest SME should be using psychometric tools to help them in their selection process. It could be argued that the SMEs need them the most because a poor recruitment decision can have catastrophic results for a small company, but be an expensive inconvenience for a larger company.
What Exactly Are Psychometric Tools?
The term covers a raft of business aids based around candidates completing a questionnaire that can measure everything from honesty to sales ability, literacy to numerical skills and, of course, personality. Some tools are classified as ‘tests’ which means people can fail them; others - particularly those that evaluate personality - are often measurements, so there is no pass or fail judgement as such.
Do They Have Any Greater Validity Than Astrology?
In short, yes. They are normally well researched by psychologists and have been reviewed by their peers to establish that they are ‘valid and reliable’. That is to say, they give accurate information.
When Should They Be Used?
Ideally, prior to interview so you have all the necessary information before you meet a candidate and can discuss any issues that have arisen.
Do I Need To Be Trained To Use Them?
Not necessarily. Many reputable test publishers offer a bureau service where they help you interpret and understand the results.
Can I Afford Not To Use Them?
Generally, it's a good rule of thumb that the cost of a failed hire is a minimum of one year’s salary, once disruption, training and all the other hidden costs are taken into account. On the other hand psychometric tools are relatively inexpensive, typically costing around £100 per candidate.
Do They Eliminate The Interview?
In a word, no. These tools should give you additional information and should not replace any part of a professional selection process.
When you next start planning a recruitment process, add a little science to the process - add some psychometric tools …You will be surprised how the additional information they provide makes the final selection so much easier.
Next Time:
The new Agency Workers Regulations and what they might mean for you.
About Sean Hutton.
Sean has over 25 years experience in sales, marketing and people development. After a successful career within Encyclopaedia Britannica's executive management team and head of a subsidiary company, he left in 1997 to join the board of a successful group who specialized in HR business tools and consultancy.
As group Sales Director he played a major role in reorganising their marketing and product strategies, working with companies such as Bristol Myers Squibb, IBM, BT, N Power and British Gas to improve their sales selection and management processes.
Sean has over 25 years experience in sales, marketing and people development. In 2003, Sean set up a training and development company with its own range of business tools, to help businesses recruit the right staff and realise the full potential of their existing staff.
HUMAN CAPITAL DEVELOPMENT
t: 01264 861031
e: info@human-capital-development.com
w: www.human-capital-development.com
For 20 years I was a psychometric cynic, believing that ‘gut instinct’ was all I needed to make reliable hiring decisions. Then a meeting with a highly respected profiling expert changed my mind: a five minute questionnaire and he had me down to a t. The shock was he talked about the man behind the façade, my strengths, my weaknesses, my timescales … he talked about me! The penny dropped - this was so much better than intuition; it added reliable information to recruitment decisions. That day I literally bought into the company.
Who needs them?
If truth be told, every company from the biggest PLC to the smallest SME should be using psychometric tools to help them in their selection process. It could be argued that the SMEs need them the most because a poor recruitment decision can have catastrophic results for a small company, but be an expensive inconvenience for a larger company.
What Exactly Are Psychometric Tools?
The term covers a raft of business aids based around candidates completing a questionnaire that can measure everything from honesty to sales ability, literacy to numerical skills and, of course, personality. Some tools are classified as ‘tests’ which means people can fail them; others - particularly those that evaluate personality - are often measurements, so there is no pass or fail judgement as such.
Do They Have Any Greater Validity Than Astrology?
In short, yes. They are normally well researched by psychologists and have been reviewed by their peers to establish that they are ‘valid and reliable’. That is to say, they give accurate information.
When Should They Be Used?
Ideally, prior to interview so you have all the necessary information before you meet a candidate and can discuss any issues that have arisen.
Do I Need To Be Trained To Use Them?
Not necessarily. Many reputable test publishers offer a bureau service where they help you interpret and understand the results.
Can I Afford Not To Use Them?
Generally, it's a good rule of thumb that the cost of a failed hire is a minimum of one year’s salary, once disruption, training and all the other hidden costs are taken into account. On the other hand psychometric tools are relatively inexpensive, typically costing around £100 per candidate.
Do They Eliminate The Interview?
In a word, no. These tools should give you additional information and should not replace any part of a professional selection process.
When you next start planning a recruitment process, add a little science to the process - add some psychometric tools …You will be surprised how the additional information they provide makes the final selection so much easier.
Next Time:
The new Agency Workers Regulations and what they might mean for you.
About Sean Hutton.
Sean has over 25 years experience in sales, marketing and people development. After a successful career within Encyclopaedia Britannica's executive management team and head of a subsidiary company, he left in 1997 to join the board of a successful group who specialized in HR business tools and consultancy.
As group Sales Director he played a major role in reorganising their marketing and product strategies, working with companies such as Bristol Myers Squibb, IBM, BT, N Power and British Gas to improve their sales selection and management processes.
Sean has over 25 years experience in sales, marketing and people development. In 2003, Sean set up a training and development company with its own range of business tools, to help businesses recruit the right staff and realise the full potential of their existing staff.
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INDUCTING YOUR NEW STAFF (PT 2)
In this edition I will continue to look at how to ensure you induct your new recruit successfully.
What Should Be Included As Part Of A Simple Induction?
Create a short first morning induction plan which can be run-through by you or a member of staff who has been properly prepared. This is easy and quick to write and helps to bed the person in. It should include the following:
After the formal introductions etc, the employee can be taken to their desk or office and shown how any systems and IT works and given any passwords or login instructions they might need to carry out their role.
Next, it is useful then for their role to be explained in detail by someone who is trusted within the organisation and who complies with the company processes, so that the new employee can be shown how your organisation carries out its tasks, reports-back and so forth. In virtually all cases, there will either be documentation in existence that will help the new member of staff get up to speed on the project or work that they are being employed for, or there will be someone who can sit down with the new employee and show them what to do in practice. Either way, it is crucial that the new employee is carefully looked-after at this point - they must never be allowed to feel they've been thrown in the deep end and left to sink or swim.
What Is Your Specific Role In The Induction?
Ideally the information detailed below should be presented by you to the new employee so that they feel that they can approach you in the future. This will help ensure issues can be picked up early and addressed rather than allowed to fester with the new employee feeling they have nobody to raise the problem with.
(However, time is not always permitting and many larger organisations have an HR department that will take on some of these tasks.)
A 60 to 90 minute conversation with you, ideally on day one of their employment, should include:
Do bear in mind that the best time to ask a new employee for referrals of other people to work with your business is during the induction and the first couple of days of employment. Assuming the employee has been looked after well they will be thinking highly of the business, be keen to impress and will have very few concerns. Consequently, they will be most likely to provide names of people who could work well within your business.
Other areas which can be included by you or managed by HR include:
In Summary:
Having spent time and money ensuring that you recruit the right member of staff, it is important that sufficient time and effort is put in to ensure that they feel welcome, wanted and expected, especially in the first few days of employment. This attentiveness to their needs, coupled with ensuring that they know what is expected of them, will produce great dividends down the line in terms of productivity, morale and future loyalty.
Next Time:
In future articles we will look at different aspects of the induction process in greater detail. During the next couple of editions, however, I will be introducing a couple of guest writers who I have worked closely with for many years and who are renowned in their fields. They will be providing articles within their specialisations so the full breadth of the recruitment process is comprehensively covered.
The first of these will be an article introducing psychometric testing by Sean Hutton, who will explain why it should be seriously considered as part of the recruitment process.
What Should Be Included As Part Of A Simple Induction?
Create a short first morning induction plan which can be run-through by you or a member of staff who has been properly prepared. This is easy and quick to write and helps to bed the person in. It should include the following:
Welcoming the new employee, offering them a drink to break the ice and showing them where the office facilities are - things such as toilets, the kitchen area and anything else which they will need.These are all statutory requirements in the UK. Once they are in writing they can form part of your staff handbook and this can be added to as new processes are formalised within the business. Over time the handbook will form the bulk of the induction literature.
Formal introductions to each existing member of the team, in the course of which you should explain - in outline the roles of both the new employee and the existing team members.
There is written information which has to be made available to new employees, which should be (briefly) run through:
- Health and Safety information which relates to your particular environment
- Details of your Disciplinary Procedures
- Details of your Grievance Procedures
- Details of your Appeals Procedure
After the formal introductions etc, the employee can be taken to their desk or office and shown how any systems and IT works and given any passwords or login instructions they might need to carry out their role.
Next, it is useful then for their role to be explained in detail by someone who is trusted within the organisation and who complies with the company processes, so that the new employee can be shown how your organisation carries out its tasks, reports-back and so forth. In virtually all cases, there will either be documentation in existence that will help the new member of staff get up to speed on the project or work that they are being employed for, or there will be someone who can sit down with the new employee and show them what to do in practice. Either way, it is crucial that the new employee is carefully looked-after at this point - they must never be allowed to feel they've been thrown in the deep end and left to sink or swim.
What Is Your Specific Role In The Induction?
Ideally the information detailed below should be presented by you to the new employee so that they feel that they can approach you in the future. This will help ensure issues can be picked up early and addressed rather than allowed to fester with the new employee feeling they have nobody to raise the problem with.
(However, time is not always permitting and many larger organisations have an HR department that will take on some of these tasks.)
A 60 to 90 minute conversation with you, ideally on day one of their employment, should include:
- A personal welcome from you.
- Running through the expectations of the role. This can be taken from the job and behaviour specification that you created at the start of the hiring process.
- Talking about your career with the organisation and why you joined and have stayed.
- Reinforcing the options available to the new employee if they perform ahead of expectations.
Do bear in mind that the best time to ask a new employee for referrals of other people to work with your business is during the induction and the first couple of days of employment. Assuming the employee has been looked after well they will be thinking highly of the business, be keen to impress and will have very few concerns. Consequently, they will be most likely to provide names of people who could work well within your business.
Other areas which can be included by you or managed by HR include:
- Detail the salary and the individual aspects of the package such as pension contributions and how they work, medical cover and any of the other benefits that were provided in the offer.
- Run through the key points in the contract so that they clearly understand what is required - issues such as discipline through to booking holidays etc.
In Summary:
Having spent time and money ensuring that you recruit the right member of staff, it is important that sufficient time and effort is put in to ensure that they feel welcome, wanted and expected, especially in the first few days of employment. This attentiveness to their needs, coupled with ensuring that they know what is expected of them, will produce great dividends down the line in terms of productivity, morale and future loyalty.
Next Time:
In future articles we will look at different aspects of the induction process in greater detail. During the next couple of editions, however, I will be introducing a couple of guest writers who I have worked closely with for many years and who are renowned in their fields. They will be providing articles within their specialisations so the full breadth of the recruitment process is comprehensively covered.
The first of these will be an article introducing psychometric testing by Sean Hutton, who will explain why it should be seriously considered as part of the recruitment process.
INDUCTING YOUR NEW STAFF (PT 1)
Over previous issues we have analysed building a solid platform upon which to recruit the best possible candidate - someone who will be able to make a substantial difference to your business. We have looked at running the process right up until the job offer, and staying in touch until they actually start with you.
Having come this far, the next key issue in their success (and consequently your success) is the impression they receive in their first few days with you and hence how well they settle in.
Are Inductions Necessary?
Most of us can look back through our own careers and recall an experience when we have joined a new business or department, not knowing anyone or anything and, quite frankly, been very nervous. Imagine being in that state and discovering that you are not expected, there is no desk and nobody knows who you are.
It is always worth remembering that the first couple of hours at a new employer are intimidating for almost everyone, and disorganisation and lack of warmth at the outset will exacerbate the nerves and discomfort. If this happens to a new employee, their subconscious minds will be saying “I don’t like this and I'd much rather not be here.” Of course, over time they will get to understand the company and their role but that initial feeling of “I don’t like this” will linger and their new place of work will never feel quite right, irrespective of what happens subsequently. As a result, the 100% commitment proffered during the interview just doesn’t quite materialise and a few months later they will be considering their job options and feeling that the grass turned out to be not so green when they moved employer and joined you.
My advice is to always remember how you have felt in the past on your own 'first days in the job'. With that in mind, it is vital that the first few days are positive for a new employee because first impressions stick and are difficult to change if they are not particularly good. You should view the induction as not just a necessary chore but something of real importance that will help ensure your new employee settles in, is happy with their decision and works to the best of their ability for you.
With that in mind, below I will look at how to conduct an induction and what to include within it but I will also be realistic. I know it is also important to minimise the time that you have to spend on it so there isn’t a major impact on your own workload whilst they settle in.
Experience has shown me that the larger the organisation, the more detailed the induction tends to be and this is also true in environments where health and safety issues are at their highest. However, a good induction should be viewed as vital for all companies, large and small. So, how do we create a simple induction?
First - Ensure The New Employee Is Expected.
This is the most basic of things and you would think that this was obvious but I am writing it because recruitment usually occurs due to time pressures within a business and it is amazing how often the employee turns up to find everyone running around trying to work out what is happening and what they are there for. Further, it's not unusual for the manager not to be around at the appointed time, which only adds to the confusion.
So, the absolute basics to ensure a smooth start are:
Next Time:
What to include in the induction, and your role.
Having come this far, the next key issue in their success (and consequently your success) is the impression they receive in their first few days with you and hence how well they settle in.
Are Inductions Necessary?
Most of us can look back through our own careers and recall an experience when we have joined a new business or department, not knowing anyone or anything and, quite frankly, been very nervous. Imagine being in that state and discovering that you are not expected, there is no desk and nobody knows who you are.
It is always worth remembering that the first couple of hours at a new employer are intimidating for almost everyone, and disorganisation and lack of warmth at the outset will exacerbate the nerves and discomfort. If this happens to a new employee, their subconscious minds will be saying “I don’t like this and I'd much rather not be here.” Of course, over time they will get to understand the company and their role but that initial feeling of “I don’t like this” will linger and their new place of work will never feel quite right, irrespective of what happens subsequently. As a result, the 100% commitment proffered during the interview just doesn’t quite materialise and a few months later they will be considering their job options and feeling that the grass turned out to be not so green when they moved employer and joined you.
My advice is to always remember how you have felt in the past on your own 'first days in the job'. With that in mind, it is vital that the first few days are positive for a new employee because first impressions stick and are difficult to change if they are not particularly good. You should view the induction as not just a necessary chore but something of real importance that will help ensure your new employee settles in, is happy with their decision and works to the best of their ability for you.
With that in mind, below I will look at how to conduct an induction and what to include within it but I will also be realistic. I know it is also important to minimise the time that you have to spend on it so there isn’t a major impact on your own workload whilst they settle in.
Experience has shown me that the larger the organisation, the more detailed the induction tends to be and this is also true in environments where health and safety issues are at their highest. However, a good induction should be viewed as vital for all companies, large and small. So, how do we create a simple induction?
First - Ensure The New Employee Is Expected.
This is the most basic of things and you would think that this was obvious but I am writing it because recruitment usually occurs due to time pressures within a business and it is amazing how often the employee turns up to find everyone running around trying to work out what is happening and what they are there for. Further, it's not unusual for the manager not to be around at the appointed time, which only adds to the confusion.
So, the absolute basics to ensure a smooth start are:
- Ensure that the new employee knows who to ask for when they arrive, that this nominated person is aware of their role, and also that there is a back-up person to contact in case the original nominee is late or ill. Provide contact numbers too, so that the new employee can get in touch if they are running late or delayed. They will realise that being delayed is not a good start but there is no need to compound their trepidation by not providing them someone who they can let know.
- Let your staff know the name of the new employee, where they will be sitting or based, the role of the new employee and their start date and time. In a large team this can be conveyed via an email and takes very little time. However busy an environment and however low staff morale may be, new employees will be looked after if they are expected and they will feel more comfortable.
- Ensure that the new employee has a desk and the tools for their role so that the first impression is of friendly efficiency. This includes a workstation they can access and a business email address. The number of complaints I have taken from new placements about not having anywhere to sit or a PC, or that after a week or so that they can still not log on to the new employer's system. This definitely undermines all the work that went into making the hire in the first place.
Next Time:
What to include in the induction, and your role.
ENSURING THE NEW EMPLOYEE ACTUALLY DOES JOIN YOUR COMPANY
Even though the job offer you've made has been accepted, there are still potential risks which may mean that the candidate will not actually start with you. The key risks are:
The Unacceptable Contract Of Employment:
In my experience this happens very rarely. Normally, the employer is aware of parts of the contract or expectations which may be troublesome and will cover them during the interview so that the employee is expecting and accepting-of the requirements.
For instance, many IT consultancies require that the employee is flexible on where they will work, meaning they could spend several months at a time working away and coming home at weekends only. For many this is acceptable and for those for whom it is not, it should have been made very clear at the outset of the process so they will not have even been interviewed.
If the contract is an issue and cannot be resolved by an amendment by the employer or an explanation to the candidate, it is, in my experience, generally because the candidate is not too keen on the role and the issue with the contract is being used as the reason not to take the role.
Accepting A Counter-Offer From Their Existing Employer:
If the candidate is going to be a key employee for you then it is very likely that they will be a key employee for their existing employer. Thus, it will be a surprise and an issue for the employer when they resign.
The typical thought process for the existing employer will be along the lines of: “how will I manage these activities and replace the employee?”, followed by “how can I keep them?”
The existing employer will have a very good idea about how to keep the employee because they will have worked with each other for some time and the employee will probably have been open about the reasons for moving when handing in their resignation. If the employer offers some more money and a change of role and plays on the loyalty that will have been engendered over time, there is a high risk it will result in the employee opting to stay with their existing employer and you having to carry out the search all over again.
To try and prevent this happening it is worth talking about the potential of a counter- offer in the interview and actively helping the candidate resign.
The time to talk about a possible a counter-offer is towards the end of the interview. The candidate will be comfortable with you by then and you will have been running through the opportunities for their personal development within your business and the goals for the business overall. Talking about the risks of accepting a counter-offer at this point can be the most effective way to dissuade the candidate from taking such an offer if it arises.
It is difficult to script this type of conversation because each circumstance is different but the chronology of the conversation would be as follows:
Dealing with the issue openly and pro-actively at this stage can save you a lot of trouble later.
The Candidate Accepting Your Offer But Continuing To Look For 'Better Opportunities':
With the best will in the world this will happen from time to time.
When you look back later and ask yourself what else you could have done, you will invariably remember having a gut feeling that everything didn’t feel quite right but you weren't able to put your finger on why. Your lesson will be to listen to this gut feeling and explore it further.
This is another reason not to make a job offer there and then at the end of an interview but to sleep on the decision overnight. When the niggle arises you can then replay events whilst they are fresh and you'll be able to pin down why they did not feel right.
It will usually be because the candidate was non-committal on a point or hesitated at the wrong time. Basically, it means they were not convinced about your opportunity. Unfortunately, if they accept the offer and continue looking at better opportunities there is little that you can do other than be slightly relieved because this is a reflection on the candidate’s integrity and may well have saved you from problems further down the road.
A caveat to the above statement is that sometimes the candidate will have multiple opportunities when accepting your offer and yours may not have been their first choice. Your questions at the end of the interview should have established this but that the candidate felt the favoured opportunity was dead because there had been no feedback. If the favoured opportunity subsequently comes back to the candidate then they will have a dilemma and they might well have a difficult decision.
The difference this time is how you find out about the other role being taken.
The candidate who was actively searching may not let you know that they are taking the other role or at best will send an email and will become difficult to contact. The candidate who has been presented with the tough dilemma will probably call you and talk you through the situation and why they are making the decision they are making. Neither particularly helps you but you would still be prepared to talk to the latter candidate in the future if a further opening arose and the timing was better.
The KEY Element To Ensuring That The New Employee Starts:
This is very easy: stay in touch! Don't receive the acceptance, send the contract out and ignore them until they start because they may not. Stay in touch throughout their resignation period, right up until they start.
Your aim should be to maintain their enthusiasm for joining you and you can do this by checking they have received the contract, regularly updating them on what is happening, telling them about day-to-day aspects of their new job such as where they will be sat, asking how they would like to be addressed on their business cards and what they will need to do their work (e.g. specific software or whatever), outlining what they will be doing when they start, and so on..
Next Time:
It is vital that the first few days with you are positive for a new employee as this is their first impression of you and your business and these impressions are difficult to change if they are not particularly good. Therefore, the induction is important and can be set up and run so that your new employees settle in and are very happy with their decision.
- The contract of employment not being acceptable.
- The candidate accepting a counter-offer from their existing employer.
- The candidate accepting your offer but continuing to look for 'better opportunities'.
The Unacceptable Contract Of Employment:
In my experience this happens very rarely. Normally, the employer is aware of parts of the contract or expectations which may be troublesome and will cover them during the interview so that the employee is expecting and accepting-of the requirements.
For instance, many IT consultancies require that the employee is flexible on where they will work, meaning they could spend several months at a time working away and coming home at weekends only. For many this is acceptable and for those for whom it is not, it should have been made very clear at the outset of the process so they will not have even been interviewed.
If the contract is an issue and cannot be resolved by an amendment by the employer or an explanation to the candidate, it is, in my experience, generally because the candidate is not too keen on the role and the issue with the contract is being used as the reason not to take the role.
Accepting A Counter-Offer From Their Existing Employer:
If the candidate is going to be a key employee for you then it is very likely that they will be a key employee for their existing employer. Thus, it will be a surprise and an issue for the employer when they resign.
The typical thought process for the existing employer will be along the lines of: “how will I manage these activities and replace the employee?”, followed by “how can I keep them?”
The existing employer will have a very good idea about how to keep the employee because they will have worked with each other for some time and the employee will probably have been open about the reasons for moving when handing in their resignation. If the employer offers some more money and a change of role and plays on the loyalty that will have been engendered over time, there is a high risk it will result in the employee opting to stay with their existing employer and you having to carry out the search all over again.
To try and prevent this happening it is worth talking about the potential of a counter- offer in the interview and actively helping the candidate resign.
The time to talk about a possible a counter-offer is towards the end of the interview. The candidate will be comfortable with you by then and you will have been running through the opportunities for their personal development within your business and the goals for the business overall. Talking about the risks of accepting a counter-offer at this point can be the most effective way to dissuade the candidate from taking such an offer if it arises.
It is difficult to script this type of conversation because each circumstance is different but the chronology of the conversation would be as follows:
- Ask about what happens to staff at the candidate’s current employer when someone resigns? Depending on the company it could be that 'they are escorted from the premises immediately' (this often happens within a sales environment), through to 'they work their notice period'.
- Next, ask what happens to key employees when they resign? The answer may well be 'they work their notice' or 'the employer tries to persuade them to stay'.
- Even if the candidate does not talk about counter-offers, this is the time to discuss it and a statement similar to the following will work well to make the candidate realise that once he/she has resigned they should not take the counter-offer:
"I want this to be the right decision for both of us and it's important, if we both agree to move forward, for it to work out well. Of course, you can decide at any stage during the process that this is not the right job option for you but if we make an offer and you accept it then I would like us to both be clear that we are agreed that you are starting and there is no changing your mind. Is that okay?
"Another thing I want to cover, more for your benefit than anything else, is that as a key employee your existing employer may well make a counter-offer to you to stay as they will have been caught on the hop and will have problems if you leave, whether it's to work with me or somewhere else. To keep you, changes will probably be promised, a new role offered and maybe more money too. What I have seen time and time again in the past is that people who accept these counter-offers are looking again six months later, when the changes haven’t actually materialised. And, of course, by this time the opportunity they originally wanted will have gone - as will any trust from their existing employer because they tried to resign in the first place. You may have come across situations like this before? Anyway, I’m mentioning it now, more for your benefit so that you're aware of this kind of situation than any specific reason."
The Candidate Accepting Your Offer But Continuing To Look For 'Better Opportunities':
With the best will in the world this will happen from time to time.
When you look back later and ask yourself what else you could have done, you will invariably remember having a gut feeling that everything didn’t feel quite right but you weren't able to put your finger on why. Your lesson will be to listen to this gut feeling and explore it further.
This is another reason not to make a job offer there and then at the end of an interview but to sleep on the decision overnight. When the niggle arises you can then replay events whilst they are fresh and you'll be able to pin down why they did not feel right.
It will usually be because the candidate was non-committal on a point or hesitated at the wrong time. Basically, it means they were not convinced about your opportunity. Unfortunately, if they accept the offer and continue looking at better opportunities there is little that you can do other than be slightly relieved because this is a reflection on the candidate’s integrity and may well have saved you from problems further down the road.
A caveat to the above statement is that sometimes the candidate will have multiple opportunities when accepting your offer and yours may not have been their first choice. Your questions at the end of the interview should have established this but that the candidate felt the favoured opportunity was dead because there had been no feedback. If the favoured opportunity subsequently comes back to the candidate then they will have a dilemma and they might well have a difficult decision.
The difference this time is how you find out about the other role being taken.
The candidate who was actively searching may not let you know that they are taking the other role or at best will send an email and will become difficult to contact. The candidate who has been presented with the tough dilemma will probably call you and talk you through the situation and why they are making the decision they are making. Neither particularly helps you but you would still be prepared to talk to the latter candidate in the future if a further opening arose and the timing was better.
The KEY Element To Ensuring That The New Employee Starts:
This is very easy: stay in touch! Don't receive the acceptance, send the contract out and ignore them until they start because they may not. Stay in touch throughout their resignation period, right up until they start.
Your aim should be to maintain their enthusiasm for joining you and you can do this by checking they have received the contract, regularly updating them on what is happening, telling them about day-to-day aspects of their new job such as where they will be sat, asking how they would like to be addressed on their business cards and what they will need to do their work (e.g. specific software or whatever), outlining what they will be doing when they start, and so on..
Next Time:
It is vital that the first few days with you are positive for a new employee as this is their first impression of you and your business and these impressions are difficult to change if they are not particularly good. Therefore, the induction is important and can be set up and run so that your new employees settle in and are very happy with their decision.
MAKING THE JOB OFFER (PT 2)
In the previous issue we looked at what to do prior to making the offer so that you've ensured you've established all the aspects of the package, so that the offer you can make is as attractive as possible.
We then looked at how best to make the offer and manage the acceptance and also how best to ensure that your offer is accepted if it is below the candidate’s expectations.
In this issue, we carry on with the steps involved in make a job offer, right through to the candidate starting with you.
Confirm The Offer In Writing:
Once the candidate has said 'yes' it is important to follow up with the written confirmation of the offer and the contract of employment.
Most candidates accept a position on the proviso that it is subject to contract and therefore the letter and contract must be sent quickly to prevent the hire unravelling. If you run your own department or business this should be very straightforward. In larger organisations it can take a couple of weeks to send out the paperwork via the official channels and this provides plenty of time for the candidate to become disillusioned with the new employer and - potentially - to therefore continue to look at other options in the market place. I have seen numerous appointments not happen because of the delay in issuing the offer letter and contract and my firm advice is to avoid this at all costs!
The Offer Letter:
The offer letter is a positive document that welcomes the candidate to the team and provides a summary of the package and expectations as detailed in the verbal offer you've already given.
It should detail all the benefits that come with the job - that is, all the aspects that you brought together prior to contacting the candidate to make the offer: annual holiday entitlement, guaranteed bonuses and annual bonuses, allowances and so forth. (All the points detailed in the previous edition of this blog.)
And, of course, the offer letter also needs to detail the expectations that come with the job - again, as you pulled together earlier. (Things such as working hours, dress code and so on.)
The offer letter should also have two copies of the contract of employment enclosed.
The Contract Of Employment:
This section has been written specifically to help people who are just starting their own businesses and those who do not have contracts of employment. Larger / established employers will have a standard contract of employment with a schedule to add the salary, holiday entitlement and any special conditions.
For anyone reading this who is just starting out - of course it is important to be legally compliant but it is also vital to conserve money wherever possible and paying solicitors for an employment contract is an expense which you may want to put off until it is absolutely necessary.
Employees are entitled to be given a Written Statement Of Particulars within two months of their starting date. Below, please find a link to a sample of a Written Statement Of Particulars, provided by BERR and Business Link:
BERR / Business Link
What's The Difference Between A Contract And A Written Statement Of Particulars?
A contract of employment exists as soon as an employee starts work. Starting work proves that they accept the terms and conditions offered by the employer. Both employer and employee are bound by the terms offered and accepted. Often the contract is verbally agreed and not written down.
However, employees are entitled by law to be given a written statement setting out the 'main particulars' of their employment within two months of their start date. The Business Link tool linked-to above enables you to meet your legal requirement to provide these statements.
There are other optional contractual terms that you may need for your business, for example covering who owns the intellectual property created by your employee, or confidentiality agreements. If this is the case, you may want to consider including these within a written contract.
If employers want to change the terms of an employee's contract of employment, they need to get his or her prior consent to the changes. Employers are not required to issue a new written statement each time one or more of these particulars change. However, they are required to give employees written notification of any changes within one month of the change occurring.
It is important to understand that the Written Statement Of Particulars is not a contract of employment. However, a standard contract of employment template can be purchased from about £15.00 on Internet - for example from this site.
Rejection Letters:
Once you've succeeded in filling the vacancy, then you should either phone the rejected candidates and/or write to them to let them know that they have not been successful. You should approach this in a similar way to the way we rejected unsuccessful candidates at CV stage in Issue 10 of this blog (Protecting your Reputation and Setting up Interviews (Pt1). The conversation/letter should be polite and constructive, so that the unsuccessful candidates remain positive about your business and would entertain looking at you again in the future if applicable, or recommend your business to other people as potential customers or employees.
Next Time:
Taking steps to ensure that the new employee actually does join your company.
We then looked at how best to make the offer and manage the acceptance and also how best to ensure that your offer is accepted if it is below the candidate’s expectations.
In this issue, we carry on with the steps involved in make a job offer, right through to the candidate starting with you.
Confirm The Offer In Writing:
Once the candidate has said 'yes' it is important to follow up with the written confirmation of the offer and the contract of employment.
Most candidates accept a position on the proviso that it is subject to contract and therefore the letter and contract must be sent quickly to prevent the hire unravelling. If you run your own department or business this should be very straightforward. In larger organisations it can take a couple of weeks to send out the paperwork via the official channels and this provides plenty of time for the candidate to become disillusioned with the new employer and - potentially - to therefore continue to look at other options in the market place. I have seen numerous appointments not happen because of the delay in issuing the offer letter and contract and my firm advice is to avoid this at all costs!
The Offer Letter:
The offer letter is a positive document that welcomes the candidate to the team and provides a summary of the package and expectations as detailed in the verbal offer you've already given.
It should detail all the benefits that come with the job - that is, all the aspects that you brought together prior to contacting the candidate to make the offer: annual holiday entitlement, guaranteed bonuses and annual bonuses, allowances and so forth. (All the points detailed in the previous edition of this blog.)
And, of course, the offer letter also needs to detail the expectations that come with the job - again, as you pulled together earlier. (Things such as working hours, dress code and so on.)
The offer letter should also have two copies of the contract of employment enclosed.
The Contract Of Employment:
This section has been written specifically to help people who are just starting their own businesses and those who do not have contracts of employment. Larger / established employers will have a standard contract of employment with a schedule to add the salary, holiday entitlement and any special conditions.
For anyone reading this who is just starting out - of course it is important to be legally compliant but it is also vital to conserve money wherever possible and paying solicitors for an employment contract is an expense which you may want to put off until it is absolutely necessary.
Employees are entitled to be given a Written Statement Of Particulars within two months of their starting date. Below, please find a link to a sample of a Written Statement Of Particulars, provided by BERR and Business Link:
BERR / Business Link
What's The Difference Between A Contract And A Written Statement Of Particulars?
A contract of employment exists as soon as an employee starts work. Starting work proves that they accept the terms and conditions offered by the employer. Both employer and employee are bound by the terms offered and accepted. Often the contract is verbally agreed and not written down.
However, employees are entitled by law to be given a written statement setting out the 'main particulars' of their employment within two months of their start date. The Business Link tool linked-to above enables you to meet your legal requirement to provide these statements.
There are other optional contractual terms that you may need for your business, for example covering who owns the intellectual property created by your employee, or confidentiality agreements. If this is the case, you may want to consider including these within a written contract.
If employers want to change the terms of an employee's contract of employment, they need to get his or her prior consent to the changes. Employers are not required to issue a new written statement each time one or more of these particulars change. However, they are required to give employees written notification of any changes within one month of the change occurring.
It is important to understand that the Written Statement Of Particulars is not a contract of employment. However, a standard contract of employment template can be purchased from about £15.00 on Internet - for example from this site.
Rejection Letters:
Once you've succeeded in filling the vacancy, then you should either phone the rejected candidates and/or write to them to let them know that they have not been successful. You should approach this in a similar way to the way we rejected unsuccessful candidates at CV stage in Issue 10 of this blog (Protecting your Reputation and Setting up Interviews (Pt1). The conversation/letter should be polite and constructive, so that the unsuccessful candidates remain positive about your business and would entertain looking at you again in the future if applicable, or recommend your business to other people as potential customers or employees.
Next Time:
Taking steps to ensure that the new employee actually does join your company.
MAKING THE JOB OFFER (PT 1)
So far, we have run through how to structure your recruitment process to ensure that you hire only the best candidates. By following the process you can be sure that you are dealing with the candidates you would like to hire, and you will have ensured that they are very keen on the role and to work with and for you.
The final stage of the process is to make the job offer and do all you can to ensure that they accept and start work with you.
Before Making The Offer:
Once you know who you are going to make the offer to, review all the information you have about the candidate’s current salary, overall remuneration package and their expectations. Next, list the benefits associated with working for your company including:
After you have listed the benefits, list the expectations that come with working for you, including:
Making The Offer:
By retaining control of the process and being on top of the candidate’s position regarding both where they stand on other options and any requirements they might have if they are to take the role, making the offer and receiving an acceptance should be very straightforward.
Assuming that you are not working for a large organisation with its own recruitment process which says you can’t proceed in this way, my recommendation is that you phone the candidate with the offer. If you are working with a recruitment consultant then you will have established how competent they are. If they are competent and you are confident in them then it is often better to let them make the offer as it is less pressurised for you and the middle man can sell the benefits more independently for you. If you are not convinced about the recruiter and all they provided was a good CV, then I would recommend that you make the offer personally.
Assuming you make the call; it should be friendly and welcoming, to reinforce the feeling that they will be making the right decision by coming to work for you. You should emphasise that you enjoyed meeting them, that you are sure that they are the best person for your role and that you would like them to join you so that together you can work towards achieving both the business' targets and meeting their aspirations in the longer term.
After confirming you are making the offer, fully explain the salary, package and benefits of joining your business. Your clear prior understanding of the candidate’s requirements will usually ensure that acceptance should be readily forthcoming.
Making An Offer Below Expectations:
Having to make lower-than-the-candidate-hoped-for offers will arise from time to time and this is fair enough if the candidate is looking for a substantial pay increase - say, over 10%, although this could be considerably lower in today’s economy; or if the pay required is outside the scales within your organisation. If the expectations are outside what your firm can meet then this should have been covered during the interview when you discussed the opportunity with them. What would be acceptable in the eyes of the candidate would then have been adjusted so that the lower offer will be acceptable.
A situation I regularly see, however, is the interview process being followed and the hirer knowing what the candidate requires to take the role but then offering a lower amount. The effect of the lower offer is to undo a lot of the positive and motivational feelings the candidate has towards you, your company and the role. Sometimes a candidate may still accept but you will have had a negative impact on their efficacy before they start. Just as frequently, the salary offer has to be increased to obtain their acceptance - but the damage has still been done.
Other risks from a lower-than-expected offer include the candidate not accepting the position or accepting but continuing to look at other roles and maybe taking something else during their notice period. It may not be ethical on the part of the candidate but it does happen and ultimately has been self-inflicted by the hirer.
In my view, offering a lower starting salary 'out of the blue' and contrary to the expectations that you have given the candidate hitherto is always counter-productive and never to be recommended.
The Acceptance:
Ordinarily, the candidate should accept the offer and you can then put it in writing. However, the candidate may ask for some time to think about it and make a final decision. This is reasonable but it should only take a couple of days or perhaps a weekend - for instance, to discuss it with their spouse. Requiring a couple of weeks is unreasonable as they have known about the role for some time and it usually means that they have other options and they don't really want to take the post you're offering but they are trying to keep it alive as a fall-back position in case their preferred job doesn't come through. This is disappointing but it happens sometimes. If this is the case, my advice is to move onto other candidates and not wait.
If the candidate doesn't verbally accept immediately, it is important that a deadline is specified for them to accept or decline the offer. So, for instance, if the offer is made on a Thursday or Friday then state clearly that the candidate must contact you by 10.00 am on the following Monday to accept otherwise the offer will be withdrawn. Remember, you need to fill the role and waiting on the off-chance of an acceptance seldom produces the result you want.
If you are asked for time to think about the role, this can be handled gently by you with a statement to the effect of:
Next Time:
We finish making the offer by looking at the written offer, what has to be given to the candidate in the contract, how to help the candidate resign from their current role and avoid a counter-offer, and how to ensure that they stay committed to starting with you throughout their notice period.
The final stage of the process is to make the job offer and do all you can to ensure that they accept and start work with you.
Before Making The Offer:
Once you know who you are going to make the offer to, review all the information you have about the candidate’s current salary, overall remuneration package and their expectations. Next, list the benefits associated with working for your company including:
- Annual holiday entitlement.
- Any guaranteed bonuses and annual bonuses.
- Any other bonuses which, whilst not guaranteed, are regularly granted such as company performance bonuses.
- Any allowances such as:
- Car, or car allowance, mileage and travel expenses.
- Luncheon vouchers.
- Health insurance and death in service benefits.
- The company pension scheme including how it works and pays out and the contributions made by the company and by the employee.
- CPD or training days.
- Flexible working practices.
- And others that you may have. For instance, at Christmas we close for a week and the time off is added to the annual holiday entitlement so 20 days can become 24 days. It is not officially 'guaranteed' but it has been provided every year to date!
After you have listed the benefits, list the expectations that come with working for you, including:
- the normal working hours;
- the dress code;
- who they will be reporting to; and also
- their expected progression over the next three-to-five years if this has been discussed in the interview process.
Making The Offer:
By retaining control of the process and being on top of the candidate’s position regarding both where they stand on other options and any requirements they might have if they are to take the role, making the offer and receiving an acceptance should be very straightforward.
Assuming that you are not working for a large organisation with its own recruitment process which says you can’t proceed in this way, my recommendation is that you phone the candidate with the offer. If you are working with a recruitment consultant then you will have established how competent they are. If they are competent and you are confident in them then it is often better to let them make the offer as it is less pressurised for you and the middle man can sell the benefits more independently for you. If you are not convinced about the recruiter and all they provided was a good CV, then I would recommend that you make the offer personally.
Assuming you make the call; it should be friendly and welcoming, to reinforce the feeling that they will be making the right decision by coming to work for you. You should emphasise that you enjoyed meeting them, that you are sure that they are the best person for your role and that you would like them to join you so that together you can work towards achieving both the business' targets and meeting their aspirations in the longer term.
After confirming you are making the offer, fully explain the salary, package and benefits of joining your business. Your clear prior understanding of the candidate’s requirements will usually ensure that acceptance should be readily forthcoming.
Making An Offer Below Expectations:
Having to make lower-than-the-candidate-hoped-for offers will arise from time to time and this is fair enough if the candidate is looking for a substantial pay increase - say, over 10%, although this could be considerably lower in today’s economy; or if the pay required is outside the scales within your organisation. If the expectations are outside what your firm can meet then this should have been covered during the interview when you discussed the opportunity with them. What would be acceptable in the eyes of the candidate would then have been adjusted so that the lower offer will be acceptable.
A situation I regularly see, however, is the interview process being followed and the hirer knowing what the candidate requires to take the role but then offering a lower amount. The effect of the lower offer is to undo a lot of the positive and motivational feelings the candidate has towards you, your company and the role. Sometimes a candidate may still accept but you will have had a negative impact on their efficacy before they start. Just as frequently, the salary offer has to be increased to obtain their acceptance - but the damage has still been done.
Other risks from a lower-than-expected offer include the candidate not accepting the position or accepting but continuing to look at other roles and maybe taking something else during their notice period. It may not be ethical on the part of the candidate but it does happen and ultimately has been self-inflicted by the hirer.
In my view, offering a lower starting salary 'out of the blue' and contrary to the expectations that you have given the candidate hitherto is always counter-productive and never to be recommended.
The Acceptance:
Ordinarily, the candidate should accept the offer and you can then put it in writing. However, the candidate may ask for some time to think about it and make a final decision. This is reasonable but it should only take a couple of days or perhaps a weekend - for instance, to discuss it with their spouse. Requiring a couple of weeks is unreasonable as they have known about the role for some time and it usually means that they have other options and they don't really want to take the post you're offering but they are trying to keep it alive as a fall-back position in case their preferred job doesn't come through. This is disappointing but it happens sometimes. If this is the case, my advice is to move onto other candidates and not wait.
If the candidate doesn't verbally accept immediately, it is important that a deadline is specified for them to accept or decline the offer. So, for instance, if the offer is made on a Thursday or Friday then state clearly that the candidate must contact you by 10.00 am on the following Monday to accept otherwise the offer will be withdrawn. Remember, you need to fill the role and waiting on the off-chance of an acceptance seldom produces the result you want.
If you are asked for time to think about the role, this can be handled gently by you with a statement to the effect of:
“Okay, I can understand that. It is an important decision for both of us and it is important that you and your family are happy with the decision. I am happy to let you have a couple of days to decide but will need a relatively quick decision. You are the person I want to join me but there was another candidate who was very strong and I need to let him/her know shortly whether we are moving this forward or not. I can’t afford to lose you and the other candidate as well, so I need to close this off fairly quickly. So, if it is all right with you, would you be able to confirm 'yes' or 'no' by X day at 10.00 am?”Presuming that's met in the affirmative, you can then close the conversation by saying something positive, along the lines of:
The deadline sets clear expectations and should also form part of the written confirmation to the candidate. It also helps ensure that the candidate will not feel pressurised with the decision making process.“Excellent, I will confirm the details of the offer in writing to you now and hopefully you will accept and then we can sort the contract out in the coming days. If you have any questions please call me and I will be happy to discuss them with you. I look forward to hearing from you and to working with you during the coming years.”
Next Time:
We finish making the offer by looking at the written offer, what has to be given to the candidate in the contract, how to help the candidate resign from their current role and avoid a counter-offer, and how to ensure that they stay committed to starting with you throughout their notice period.
TAKING REFERENCES (PT 2)
Taking references is a key element to ensuring that you are hiring somebody who will help you drive your business forward and demonstrate good aptitude and attitude within the role.
In the previous issue we established why we take references, who to talk to at organisations for the references and how to establish if the former employer would have the candidate back if the former employer isn't willing or able to confirm any more than the dates worked by the candidate.
In this issue we look at the questions to ask in order to obtain a comprehensive reference.
How To Ensure A Thorough And Detailed Reference Can Be Taken:
When a person provides a referee they are expecting that you will be given a good reference. Usually this expectation is justified because the candidate has impressed the former/current employer or colleague, but you need to be sure.
The person providing the reference on a former employee or colleague may have reservations about the candidate but will be concerned about the potential implications of giving a poor reference. Litigation and potential confidentiality concerns are real and you need to be able to make the referee confident that any information they impart will be handled with care and discretion.
Having introduced yourself to the referee and explained the reason for the call, I suggest making a statement along the following lines:
“This reference will be treated confidentially between you and I only. I would really appreciate your candour and honest appraisal of X so that I can make the right decision with the appointment. If there are areas that are negative about X and result in me deciding not to make the appointment, I will advise X that we have hired a candidate who was a better match and leave it at that, so that our conversation remains confidential.”
The aim of this statement is to put the referee at ease and allow you to receive the answers that will help you establish whether you should be making the appointment or not. Even if you obtain a poor reference you must still comply with the assurance you made to the referee.
The Reference:
I use a generic reference form when talking to referees as I find that helps me structure the conversation and achieve the results I need.
The form can be downloaded here.
The questions I use are designed to provide me with a broad overview of the candidate and their expertise. Additional questions regarding the specific activities and behaviours that you are looking for in your candidate can be added to the ones I've suggested, so that you obtain the detailed answers you are looking for.
How To Obtain Detailed Information When Taking The Reference:
It is important to realise that the questions I use when taking references and any additional questions that you ask should each be mini-conversations. You want to avoid asking the question, receiving a one word answer or a small statement and moving onto the next question.
Try to use 'open' questions so that “yes” or “no” are not suitable answers. Ideally, in response to your questions a statement will be made and if you then ask a follow-up question about the statement the referee will be providing the detail you require.
(This works in much the same way as the probing during the interview, discussed earlier, where you continue to probe until you are confident that you are not making assumptions about the candidate.)
Framing questions as 'closed' questions can provide a misleading reference. For instance, asking “Did X have any weaknesses?” makes it very easy for the referee to say "no" and to not provide the additional information you require, despite you setting up the conversation correctly at the outset.
That said, if you have specific behavioural questions then these can be 'closed' questions requiring "yes" or "no" answers. For instance: “Did the candidate carry out the (specified) task?”
"Yes" or "no" is the answer you want. If the answer is "yes" then you can probe about the candidate’s particular role in the activity and how they performed it. If the answer is "no", then establish why it is a "no" if the interview provided information which led you to believe it should be a "yes".
Pauses:
Quite often you will ask a question and will be met with silence. It is important not to interject until the referee says something. For instance, “What were X’s weaknesses?”
often generates a silence, but this pause is thinking time and means that the referee is engaged in helping you with the reference.
Generally there are two types of answer that you will receive, either "Sorry, I can’t think of any weaknesses", or some specific concerns will be revealed. Interrupting the pause could produce an answer of "there are no weaknesses" and you won't have obtained a true opinion about your candidate, again despite having set up the conversation properly at the start.
Additional Questions:
If you are taking the reference, it is likely that you are positive about the candidate and are looking to make the appointment subject to good references. If the referee has provided a good reference then ask additional questions along the lines of:
How Long Does It Take To Take A Good Reference?
Normally a good conversation about the candidate will last a minimum of 10 minutes and by the end of the conversation you will have detailed answers about the tasks and behaviours. If the referee is talkative then the conversation can last for 20 minutes and will usually end with you being very comfortable with the candidate and having no further questions.
Finishing The Reference:
Needless to say, once you've asked all your questions, be gracious and thank the referee for being so forthcoming and let them know that you will tell the candidate that they provided an excellent reference if they did; or that if you choose not to make the hire that no reference to this conversation will be made.
Next Time:
Making the job offer.
In the previous issue we established why we take references, who to talk to at organisations for the references and how to establish if the former employer would have the candidate back if the former employer isn't willing or able to confirm any more than the dates worked by the candidate.
In this issue we look at the questions to ask in order to obtain a comprehensive reference.
How To Ensure A Thorough And Detailed Reference Can Be Taken:
When a person provides a referee they are expecting that you will be given a good reference. Usually this expectation is justified because the candidate has impressed the former/current employer or colleague, but you need to be sure.
The person providing the reference on a former employee or colleague may have reservations about the candidate but will be concerned about the potential implications of giving a poor reference. Litigation and potential confidentiality concerns are real and you need to be able to make the referee confident that any information they impart will be handled with care and discretion.
Having introduced yourself to the referee and explained the reason for the call, I suggest making a statement along the following lines:
“This reference will be treated confidentially between you and I only. I would really appreciate your candour and honest appraisal of X so that I can make the right decision with the appointment. If there are areas that are negative about X and result in me deciding not to make the appointment, I will advise X that we have hired a candidate who was a better match and leave it at that, so that our conversation remains confidential.”
The aim of this statement is to put the referee at ease and allow you to receive the answers that will help you establish whether you should be making the appointment or not. Even if you obtain a poor reference you must still comply with the assurance you made to the referee.
The Reference:
I use a generic reference form when talking to referees as I find that helps me structure the conversation and achieve the results I need.
The form can be downloaded here.
The questions I use are designed to provide me with a broad overview of the candidate and their expertise. Additional questions regarding the specific activities and behaviours that you are looking for in your candidate can be added to the ones I've suggested, so that you obtain the detailed answers you are looking for.
How To Obtain Detailed Information When Taking The Reference:
It is important to realise that the questions I use when taking references and any additional questions that you ask should each be mini-conversations. You want to avoid asking the question, receiving a one word answer or a small statement and moving onto the next question.
Try to use 'open' questions so that “yes” or “no” are not suitable answers. Ideally, in response to your questions a statement will be made and if you then ask a follow-up question about the statement the referee will be providing the detail you require.
(This works in much the same way as the probing during the interview, discussed earlier, where you continue to probe until you are confident that you are not making assumptions about the candidate.)
Framing questions as 'closed' questions can provide a misleading reference. For instance, asking “Did X have any weaknesses?” makes it very easy for the referee to say "no" and to not provide the additional information you require, despite you setting up the conversation correctly at the outset.
That said, if you have specific behavioural questions then these can be 'closed' questions requiring "yes" or "no" answers. For instance: “Did the candidate carry out the (specified) task?”
"Yes" or "no" is the answer you want. If the answer is "yes" then you can probe about the candidate’s particular role in the activity and how they performed it. If the answer is "no", then establish why it is a "no" if the interview provided information which led you to believe it should be a "yes".
Pauses:
Quite often you will ask a question and will be met with silence. It is important not to interject until the referee says something. For instance, “What were X’s weaknesses?”
often generates a silence, but this pause is thinking time and means that the referee is engaged in helping you with the reference.
Generally there are two types of answer that you will receive, either "Sorry, I can’t think of any weaknesses", or some specific concerns will be revealed. Interrupting the pause could produce an answer of "there are no weaknesses" and you won't have obtained a true opinion about your candidate, again despite having set up the conversation properly at the start.
Additional Questions:
If you are taking the reference, it is likely that you are positive about the candidate and are looking to make the appointment subject to good references. If the referee has provided a good reference then ask additional questions along the lines of:
”What was the most effective way of managing X for you?”, orThese additional questions can provide great insight in to how to engage well with the candidate when they start with you and how to get the most out of them.
“If you wanted (name the task) carried out, how would you manage X to achieve the result?”
How Long Does It Take To Take A Good Reference?
Normally a good conversation about the candidate will last a minimum of 10 minutes and by the end of the conversation you will have detailed answers about the tasks and behaviours. If the referee is talkative then the conversation can last for 20 minutes and will usually end with you being very comfortable with the candidate and having no further questions.
Finishing The Reference:
Needless to say, once you've asked all your questions, be gracious and thank the referee for being so forthcoming and let them know that you will tell the candidate that they provided an excellent reference if they did; or that if you choose not to make the hire that no reference to this conversation will be made.
Next Time:
Making the job offer.
TAKING REFERENCES (PT 1)
In recent issues we have run through how to conduct the interview, deal with the most likely issues that will occur during an interview and how to close the interview.
Regarding closing the interview, I strongly recommended that you don’t make the offer at the time but give yourself the opportunity to read through the notes that you took during the meeting to make certain that you have all the information you need. An additional benefit is that this provides time to check references too.
Why Take References?
This is one of the most crucial aspects of the hiring process and will ensure that you are as certain as you can be that the candidate is the right person for you to hire. As such, references should be taken with every hire even if the candidate has been referred by someone already working for your firm.
The interview process is very strong at establishing what the candidate can and cannot do and the behaviours they exhibit whilst carrying out the tasks. The CV and the questions on the development and progression of their career will establish whether they will be a good fit, and the rapport you build during the interview will provide a good idea as to whether you will be able to work well with the candidate.
What the interview may not be able to conclusively establish is the candidate’s attitude and aptitude on a daily basis and how they deal with their colleagues in pressurised situations. What this means is that you could hire someone who can carry out the role but could create a poor overall working environment.
If handled correctly and in confidence, the candidate's references will provide the information to truly understand their attitude and aptitude and convince you to make the hire or not. Also, they will detail the most effective ways to manage and get the most out of the candidate if you do hire them.
Which Referees Should You Be Talking To?
Always aim to take a minimum of two references, with at least one coming from the manager and one coming from a colleague who worked alongside your candidate. Personal references don’t hold any value so only business references should be obtained. The exception to this may be when someone is first starting out and has no prior work experience.
If possible, always seek to obtain references from the last two employers.
Taking references from the current employer can be challenging if the candidate still works there. In this circumstance ask the candidate: "who is there at your current employment that is aware you are looking to move and that I could talk to?"
A candidate who has worked at the same employer for a number of years will probably be more cautious as they might well have a lot to lose if the employer found out that they were looking. Under these circumstances, if the interview has provided the confirmation that the candidate can carry out the tasks you require and has the right behaviours, you would have to consider making the offer on the basis that it is subject to satisfactory references.
How To Obtain Referee Details:
This is straightforward: ask the candidate to provide the information. Ask for the name, position, working relationship with them and the contact phone numbers, ideally the mobile or, failing that, the direct dial as a minimum.
To make this easier you can ask the candidate to bring this information with them to the interview so that on the assumption that you are both happy after the interview the rest of the process can run smoothly. There can be delays otherwise, while the candidate seeks to track down the referees.
To expedite matters further it is helpful if the candidate has prepared the referees to receive the call so that they are willing and able to talk to you.
What Do You Do If You Are Unable To Obtain The Information You Require?
Society is litigious. Many managers are advised not to provide references and despite your assurances on confidentiality will not confirm more than the dates worked, or they will refer you to their HR department who will also only confirm the dates worked and also not detail what the candidate carried out in their role!
When the above situation arises with potential new recruit's manager, you do need to establish whether they are hiding behind the HR screen to avoid giving a bad reference or whether they simply feel that a strict company policy on references should be complied with. In this situation, without sounding confrontational, ask the following question:
It is the role of the candidate to ensure that you are provided with referees who are prepared to talk to you. If the referees are not prepared to, then ask the candidate to provide contact details for suitable alternatives, and suggest that he/she speaks to them first to ensure that they are willing to act as referees.
What If The Candidate Advises That The Referees Are Not Contactable?
Ordinarily this should set alarm bells ringing but it can occasionally be true, particularly for contractors. If the candidate has come from overseas you should still insist on speaking to appropriate referees and be prepared to make the international calls necessary to confirm that the candidate is who you want to hire. (Although language can be an issue here.)
If the candidate is unprepared or unable to provide referees, even colleagues, then my recommendation would be to not make the hire.
If referees are a problem but the candidate has ticked all the boxes and, from the interview process at least, appears to be the ideal candidate then if you are prepared to make an offer make it very clear that there is a probation period so you have a get-out. In countries where it is difficult to remove staff once they have started work, then my guidance again would be to not make the hire.
Next Time:
We will discuss the questions to ask referees and how to probe to obtain a really strong insight into the candidate’s performance, attitude and behaviour, so that you know you are making the best hire.
Regarding closing the interview, I strongly recommended that you don’t make the offer at the time but give yourself the opportunity to read through the notes that you took during the meeting to make certain that you have all the information you need. An additional benefit is that this provides time to check references too.
Why Take References?
This is one of the most crucial aspects of the hiring process and will ensure that you are as certain as you can be that the candidate is the right person for you to hire. As such, references should be taken with every hire even if the candidate has been referred by someone already working for your firm.
The interview process is very strong at establishing what the candidate can and cannot do and the behaviours they exhibit whilst carrying out the tasks. The CV and the questions on the development and progression of their career will establish whether they will be a good fit, and the rapport you build during the interview will provide a good idea as to whether you will be able to work well with the candidate.
What the interview may not be able to conclusively establish is the candidate’s attitude and aptitude on a daily basis and how they deal with their colleagues in pressurised situations. What this means is that you could hire someone who can carry out the role but could create a poor overall working environment.
If handled correctly and in confidence, the candidate's references will provide the information to truly understand their attitude and aptitude and convince you to make the hire or not. Also, they will detail the most effective ways to manage and get the most out of the candidate if you do hire them.
Which Referees Should You Be Talking To?
Always aim to take a minimum of two references, with at least one coming from the manager and one coming from a colleague who worked alongside your candidate. Personal references don’t hold any value so only business references should be obtained. The exception to this may be when someone is first starting out and has no prior work experience.
If possible, always seek to obtain references from the last two employers.
Taking references from the current employer can be challenging if the candidate still works there. In this circumstance ask the candidate: "who is there at your current employment that is aware you are looking to move and that I could talk to?"
A candidate who has worked at the same employer for a number of years will probably be more cautious as they might well have a lot to lose if the employer found out that they were looking. Under these circumstances, if the interview has provided the confirmation that the candidate can carry out the tasks you require and has the right behaviours, you would have to consider making the offer on the basis that it is subject to satisfactory references.
How To Obtain Referee Details:
This is straightforward: ask the candidate to provide the information. Ask for the name, position, working relationship with them and the contact phone numbers, ideally the mobile or, failing that, the direct dial as a minimum.
To make this easier you can ask the candidate to bring this information with them to the interview so that on the assumption that you are both happy after the interview the rest of the process can run smoothly. There can be delays otherwise, while the candidate seeks to track down the referees.
To expedite matters further it is helpful if the candidate has prepared the referees to receive the call so that they are willing and able to talk to you.
What Do You Do If You Are Unable To Obtain The Information You Require?
Society is litigious. Many managers are advised not to provide references and despite your assurances on confidentiality will not confirm more than the dates worked, or they will refer you to their HR department who will also only confirm the dates worked and also not detail what the candidate carried out in their role!
When the above situation arises with potential new recruit's manager, you do need to establish whether they are hiding behind the HR screen to avoid giving a bad reference or whether they simply feel that a strict company policy on references should be complied with. In this situation, without sounding confrontational, ask the following question:
“Okay I appreciate the guidelines you work to and will speak to HR to confirm the dates that the candidate worked with you. I have one last question so that I don’t have to class this as a bad reference - would you have the candidate back to work for you?”The referee will understand the implication of the question and will answer “yes” if the candidate was good. An answer of “no” or “you must speak to HR” should be ringing alarm bells, prompting you to carry out thorough background checks on the candidate.
It is the role of the candidate to ensure that you are provided with referees who are prepared to talk to you. If the referees are not prepared to, then ask the candidate to provide contact details for suitable alternatives, and suggest that he/she speaks to them first to ensure that they are willing to act as referees.
What If The Candidate Advises That The Referees Are Not Contactable?
Ordinarily this should set alarm bells ringing but it can occasionally be true, particularly for contractors. If the candidate has come from overseas you should still insist on speaking to appropriate referees and be prepared to make the international calls necessary to confirm that the candidate is who you want to hire. (Although language can be an issue here.)
If the candidate is unprepared or unable to provide referees, even colleagues, then my recommendation would be to not make the hire.
If referees are a problem but the candidate has ticked all the boxes and, from the interview process at least, appears to be the ideal candidate then if you are prepared to make an offer make it very clear that there is a probation period so you have a get-out. In countries where it is difficult to remove staff once they have started work, then my guidance again would be to not make the hire.
Next Time:
We will discuss the questions to ask referees and how to probe to obtain a really strong insight into the candidate’s performance, attitude and behaviour, so that you know you are making the best hire.
CLOSING THE INTERVIEW (PT 2)
During the previous issue we looked at how to move the interview towards a close and within this how to sell the opportunity and your company as well as answer the candidate’s questions thoroughly, especially if you are keen on hiring them.
We'll now carry on with the remaining elements of closing the interview effectively so that you maximise the likelihood of the candidate taking-up the offer if you decide they are the right person for the post.
Establish What Else Is Happening For The Candidate:
Both parties have had an open and frank conversation. Now is the time to establish where the candidate stands in relation to other options so that you know if you have to do more to secure them, if you want them. Ask the following questions and probe further if the initial answers aren't clear:
Where do you stand on your other options at the moment? Assuming they have other avenues they're pursuing, you want to understand how far down the line they are and when decisions are likely to be made. If the answer is that they have no other options at present then it is easy to move on.
If they have other options and you have established the timelines, ask “based on what you have heard about our opportunity and X opportunity (you have to ask where you stand in relation to each option they may have) what are your thoughts about them?”
This is a non-confrontational way of establishing where you stand and finding out whether the opportunity you're offering is being perceived as better than the alternatives or not as good. It is much better to know where you stand even if you don’t like the answer.
Once you have run through the other options, or if the candidate has said there are none, there is one more key question to ask: "If you were to take our role and resign from your current employer how will they react?"
There are a number of reasons to ask this. Firstly, it is to try and establish whether the candidate will be expected to work their full notice, a proportion of it or whether they will be released immediately. More importantly, if they know (or suspect) they are valued by their existing employer, they might also know there is the potential of a counter-offer being made. Loyal employees find such offers difficult to turn down, even though their current employer is only reacting after they resign and merely assuming they are happy rather than actively looking after them up until then.
I will come back to this issue in a future article as it is broad and a few, simple-to-teach sales techniques can turn these situations around. If you are in a position at the moment where guidance would be appreciated, email me in person and I will be pleased to help.
Run Through What Will Happen Next:
This is simple and just literally does just mean telling the candidate what will be happening next and when.
For the candidate that you are interested in, I suggest stating that you are very impressed and think they could be a good fit but just need to run through your notes, and that you will be in touch by XXX time or date.
For the candidate you are not interested in or are not sure about you can either:
Whatever your thoughts about the candidate, it is vital to treat them professionally and with respect - in the same way as you would want to be treated. You want a positive message out there about you and your company and you never know when your paths may cross again. If circumstances change in the future, you would like them to be a 'yes'.
The interview is effectively concluded now, so ask for any more questions from them and thank them for their time, reiterate that it was good to meet them and - if appropriate - reassure them that you will be in touch by the agreed time.
Next Time
Referencing before making an offer.
We'll now carry on with the remaining elements of closing the interview effectively so that you maximise the likelihood of the candidate taking-up the offer if you decide they are the right person for the post.
Establish What Else Is Happening For The Candidate:
Both parties have had an open and frank conversation. Now is the time to establish where the candidate stands in relation to other options so that you know if you have to do more to secure them, if you want them. Ask the following questions and probe further if the initial answers aren't clear:
Where do you stand on your other options at the moment? Assuming they have other avenues they're pursuing, you want to understand how far down the line they are and when decisions are likely to be made. If the answer is that they have no other options at present then it is easy to move on.
If they have other options and you have established the timelines, ask “based on what you have heard about our opportunity and X opportunity (you have to ask where you stand in relation to each option they may have) what are your thoughts about them?”
This is a non-confrontational way of establishing where you stand and finding out whether the opportunity you're offering is being perceived as better than the alternatives or not as good. It is much better to know where you stand even if you don’t like the answer.
Once you have run through the other options, or if the candidate has said there are none, there is one more key question to ask: "If you were to take our role and resign from your current employer how will they react?"
There are a number of reasons to ask this. Firstly, it is to try and establish whether the candidate will be expected to work their full notice, a proportion of it or whether they will be released immediately. More importantly, if they know (or suspect) they are valued by their existing employer, they might also know there is the potential of a counter-offer being made. Loyal employees find such offers difficult to turn down, even though their current employer is only reacting after they resign and merely assuming they are happy rather than actively looking after them up until then.
I will come back to this issue in a future article as it is broad and a few, simple-to-teach sales techniques can turn these situations around. If you are in a position at the moment where guidance would be appreciated, email me in person and I will be pleased to help.
Run Through What Will Happen Next:
This is simple and just literally does just mean telling the candidate what will be happening next and when.
For the candidate that you are interested in, I suggest stating that you are very impressed and think they could be a good fit but just need to run through your notes, and that you will be in touch by XXX time or date.
For the candidate you are not interested in or are not sure about you can either:
a/ conclude the meeting there and then and, rather than maintain their expectations, explain where they were not quite what we were looking for. It is very important to be professional and polite about this as they can still market your company.or
b/. Answer in the same way as for the candidate you were interested in.My preference is to be upfront but you can run with whichever scenario sits most comfortably with you.
Whatever your thoughts about the candidate, it is vital to treat them professionally and with respect - in the same way as you would want to be treated. You want a positive message out there about you and your company and you never know when your paths may cross again. If circumstances change in the future, you would like them to be a 'yes'.
The interview is effectively concluded now, so ask for any more questions from them and thank them for their time, reiterate that it was good to meet them and - if appropriate - reassure them that you will be in touch by the agreed time.
Next Time
Referencing before making an offer.
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