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   <title>XpertHR - Employment Intelligence</title>
   <link rel="alternate" type="text/html" href="http://www.xperthr.co.uk/blogs/employment-intelligence/" />
   <link rel="self" type="application/atom+xml" href="http://www.xperthr.co.uk/blogs/employment-intelligence/atom.xml" />
   <id>tag:www.xperthr.co.uk,2010:/blogs/employment-intelligence/82</id>
   <updated>2010-09-03T05:59:34Z</updated>
   <subtitle>Perspectives on the changing workplace from the team behind IRS and XpertHR. This blog includes news, commentary and analysis on employment law, employee relations, recruitment, retention, reward and work organisation.</subtitle>
   <generator uri="http://www.sixapart.com/movabletype/">Movable Type Enterprise 4.32-en</generator>


<entry>
   <title>Paul Smith: If I could change one thing about HR...</title>
   <link rel="alternate" type="text/html" href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/09/paul-smith-if-i-could-change-o.html" />
   <id>tag:www.xperthr.co.uk,2010:/blogs/employment-intelligence//82.172284</id>
   
   <published>2010-09-03T06:15:00Z</published>
   <updated>2010-09-03T05:59:34Z</updated>
   
   <summary>Paul Smith: If I could change one thing about HR...

Maya Angelou said: &quot;If you don&apos;t like something, change it. If you can&apos;t change it, change your attitude.&quot;

Words to live by for sure. But they came to mind recently when I was asked &quot;if there was one thing you could change about HR, what would it be?&quot;

I know exactly what I would change if I could. But I have serious doubts that it&apos;s feasible or if it would be widely accepted enough to actually occur. So I just may need to change my attitude.

HR is expected to assume temporary roles.

We have to be educated in medical matters so as to understand what constitutes a disability or a serious medical condition and what doesn&apos;t, and have the whereto not to invade medical privacy. We have to understand the legal obligations behind each one. We have to have legal knowledge to prevent discrimination in employment decisions. We also need to understand how medical insurances are going to work. We need to understand the economies of benefits and of how compensation structures work. We also need to understand the dynamics of the human condition and be able to counsel employees and managers on how best to maneuver through each circumstance involving each type of personality.</summary>
   <author>
      <name>Michael Carty</name>
      
   </author>
   
      <category term="hr policy and strategy" scheme="http://www.sixapart.com/ns/types#category" />
   
   <category term="564" label="blogs" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="5980" label="hr" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="118343" label="hr change" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="119266" label="if I could change one thing about hr" scheme="http://www.sixapart.com/ns/types#tag" />
   
   <content type="html" xml:lang="en" xml:base="http://www.xperthr.co.uk/blogs/employment-intelligence/">
      <![CDATA[<img alt="PaulSmith.JPG" src="http://www.xperthr.co.uk/blogs/employment-intelligence/PaulSmith.JPG" class="mt-image-left" style="float: left; margin: 0pt 20px 20px 0pt;" width="220" height="220" />The XpertHR Employment Intelligence guest blog post series continues today with a particularly thought-provoking entry from leading US HR blogger Paul Smith, author of the always-excellent (and highly recommended) <a href="http://www.welcometotheoccupation.com/">Welcome to the Occupation</a> blog. <br /><br />Paul is a Human Resources Manager at a non-profit organisation in Philadelphia, PA. He also compiled the recent <a href="http://www.welcometotheoccupation.com/2010/08/hr-carnival-jukebox.html">HR Carnival Jukebox</a> HR blogging extravaganza, styled as "a cornucopia of HR-related blog posts, tailored in a fashion similar to a jukebox."<br /><br /><b>Paul Smith: If I could change one thing about HR...<br /></b><br />Maya Angelou said: "If you don't like something, change it. If you can't change it, change your attitude."<br /><br />Words to live by for sure. But they came to mind recently when I was asked "if there was one thing you could change about HR, what would it be?"<br /><br />I know exactly what I would change if I could. But I have serious doubts that it's feasible or if it would be widely accepted enough to actually occur. So I just may need to change my attitude.<br /><br /><b>HR is expected to assume temporary roles.</b><br /><br />We have to be educated in medical matters so as to understand what constitutes a disability or a serious medical condition and what doesn't, and have the whereto not to invade medical privacy. We have to understand the legal obligations behind each one. We have to have legal knowledge to prevent discrimination in employment decisions. We also need to understand how medical insurances are going to work. We need to understand the economies of benefits and of how compensation structures work. We also need to understand the dynamics of the human condition and be able to counsel employees and managers on how best to maneuver through each circumstance involving each type of personality.<br /><br /> ]]>
      <![CDATA[<b>If HR is assuming these temporary roles, what is HR?</b><br />
<br />Doctor/Nurse ... Lawyer ... Insurance Agent ... Accountant ... Psychologist<br />
<br />Thousands of people in HR are assuming all or some of these roles on a 
daily basis. Some folks have a university degree. Some have 
certification. Some just fell into and have remained in it. Many of the 
people in each of these cases are performing HR at an exceptional level. Many are not. And the nots are the ones causing problems in the 
workplace and in our profession. <br />
<br /><b>Practice what we preach</b><br />
<br />If you don't like legal issues, or understand medical jargon, or really 
have no interest in dealing with people in the workplace, HR is the 
wrong profession for you. More so, you really should not be allowed to 
be in the profession.<br />
<br />The temporary roles we assume are within a quasi-nature. HR obviously 
does not venture into the depth that professions such as doctors or 
lawyers require. Yet we have to know enough about each and work with 
combinations of them. My thought (and this is what I would change) is if
 these other professions require a license to practice than so should 
HR.<br />
<br />Do you want to deal with someone who is untrained or is just not 
interested when it comes to medical or legal issues? No. This is why we 
seek licensed professionals. This is not to say that a license 
guarantees excellent workmanship. But wouldn't industry in general, and 
the work population, be more assured that the person in that HR role has
 the certified skills and furthermore if they don't, they lose their 
license and can't continue to practice?<br />
<br />As HR, we have to deal with some very serious issues. These issues 
involve individual livelihoods and the survival of our lines of 
business. To continue having value in the workplace beyond just being 
the harbinger of employee files, we have to be assured that people in 
our profession deserve to be and can deal with these serious issues. <br />
<br />I'm aware that this would be a radical departure from how the profession
 is standardized today. This is why I questioned the feasibility of it. 
But if we want to make serious change in the HR industry and fix the 
problem of current HR being in positions of requiring knowledge, not 
having it and not wanting it, then we should consider making the 
conditions of employment more serious. <br />
<br />It's like Maya said, you may not be able to change this, but you can 
change your attitude toward it. If we want this change to occur, it 
needs to begin with our attitudes. So what do you think?<br /><ul><li><a href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/guest-post-links.html">If I could change one thing about HR...: Read all the posts in this series</a></li></ul>]]>
   </content>
</entry>

<entry>
   <title>Employment tribunal decisions making the headlines: 21.08.10 to 03.09.10</title>
   <link rel="alternate" type="text/html" href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/09/employment-tribunal-decisions-22.html" />
   <id>tag:www.xperthr.co.uk,2010:/blogs/employment-intelligence//82.173652</id>
   
   <published>2010-09-03T06:00:00Z</published>
   <updated>2010-09-03T06:29:50Z</updated>
   
   <summary>A round-up of links to news items on recent employment tribunal rulings, including: £63,000 for a teacher who was unfairly dismissed after disciplining a schoolgirl who simulated a sex act in class; £45,000 for a woman whose employer pretended that...</summary>
   <author>
      <name>Stephen Simpson</name>
      
   </author>
   
      <category term="equal opportunities" scheme="http://www.sixapart.com/ns/types#category" />
   
      <category term="termination of employment" scheme="http://www.sixapart.com/ns/types#category" />
   
   <category term="15522" label="constructive dismissal" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="17980" label="disability" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="20587" label="disability discrimination" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="12341" label="dismissal" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="16281" label="pregnancy" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="13238" label="redundancy" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="13300" label="sex discrimination" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="18003" label="sickness absence" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="13632" label="unfair dismissal" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="22202" label="victimisation" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="9680" label="whistleblowing" scheme="http://www.sixapart.com/ns/types#tag" />
   
   <content type="html" xml:lang="en" xml:base="http://www.xperthr.co.uk/blogs/employment-intelligence/">
      <![CDATA[<p>A round-up of links to news items on recent employment tribunal rulings, including: £63,000 for a teacher who was unfairly dismissed after disciplining a schoolgirl who simulated a sex act in class; £45,000 for a woman whose employer pretended that she was working part time while she was pregnant so that it didn't have to pay statutory 
maternity pay to her; and £1.2m for a former Cornwall hospital boss who was unfairly dismissed "as a whistleblower".</p>]]>
      <![CDATA[<p>If you know about or have been involved in a recent employment tribunal decision, please let us know by <a href="#comment">commenting below</a>.</p>

<p><a href="http://www.bbc.co.uk/news/entertainment-arts-11165712"><b>Cowell discrimination case will not go to full tribunal</b></a> (on the BBC website) A Britain's Got Talent hopeful who claimed she was discriminated against at her audition, has failed to get her case taken to an employment tribunal.</p>
<p><a href="http://www.nwemail.co.uk/news/care-boss-cleared-of-harassing-employee-1.753684?referrerPath=news/"><b>Barrow care home boss cleared of harassing employee</b></a> (on the North-West Evening Mail website) An employment tribunal has cleared a care home boss of sexually harassing a female deputy manager.</p>
<p><a href="http://www.telegraph.co.uk/education/educationnews/7969456/Teacher-fired-for-imposing-discipline-wins-employment-tribunal.html"><b>Teacher fired for imposing discipline wins employment tribunal</b></a> (on the Daily Telegraph website) A teacher who was fired after disciplining a schoolgirl who simulated a sex act in class has been awarded £63,000 for unfair dismissal.</p>
<p><a href="http://www.sundaysun.co.uk/news/north-east-news/2010/08/29/victory-in-job-row-at-sunderland-museum-79310-27159036/"><b>Victory for ex-soldier accused of threatening museum boss</b></a> (on the Sunday Sun website) A former royal protection officer accused of making death threats against his boss has won his case for unfair dismissal.</p>
<p><a href="http://www.bbc.co.uk/news/uk-england-cornwall-11114999"><b>Cornwall hospital boss given £1.2m compensation</b></a> (on the BBC website) A former Cornwall hospital boss who was unfairly dismissed "as a whistleblower" has been awarded £1.2m in compensation.</p>
<p><a href="http://www.bbc.co.uk/news/uk-northern-ireland-11101594"><b>Employee made redundant awarded £24,634</b></a> (on the BBC website) A former manager at Belfast accountancy firm FGS McClure Watters has been awarded £24,634 after a tribunal found that she had been unfairly dismissed.</p>
<p><a href="http://www.gazettelive.co.uk/gazette-communities/2010/08/23/hartburn-gran-loses-tribunal-against-cat-charity-84229-27118102/"><b>Woman loses disability discrimination claim against cat charity</b></a> (on the Gazette Live website) A woman who was head of operations in the North and Midlands for charity Cats Protection, has unsuccessfully claimed that she was bullied and discriminated against because of a disability.</p>
<p><a href="http://www.bbc.co.uk/news/uk-northern-ireland-11098698"><b>£45,000 award after employer pretended pregnant employee didn't qualify for statutory maternity pay</b></a> (on the BBC website) A tribunal in Northern Ireland has awarded £45,000 to a woman whose employer pretended that she was working part time while she was pregnant so that it didn't have to pay statutory maternity pay to her.</p>
<p><a href="http://www.thisisstaffordshire.co.uk/news/SICK-NOTE-POSTMAN-SACKED/article-2566966-detail/article.html"><b>Postman who clocked up more than 220 sick days fairly dismissed by Royal Mail</b></a> (on the This Is Staffordshire website) A postman of 20 years was found to have been fairly dismissed after clocking up more than 220 sick days in a 12-month period.</p>
<p><a href="http://blogs.findlaw.com/solicitor/2010/08/council-clerk-accused-of-stealing-wins-19000-for-constructive-dismissal.html"><b>Council clerk accused of stealing wins £19,000 for constructive dismissal</b></a> (on the FindLaw UK website) A council worker in Shropshire has won £19,000 compensation after resigning in protest at being accused of stealing.</p>
<p><a href="http://www.google.com/hostednews/ukpress/article/ALeqM5jezC5hb9CUEB0JrJ0AKHTj7HxPag"><b>Whistleblowing social worker loses victimisation claim</b></a> (on the Google News website) A whistleblower who warned the Government that child protection measures were not being followed in Haringey six months before the death of Baby P has lost her claim of victimisation against the council.</p>

<p><b>Last five Employment tribunal decisions making the headlines round-ups</b><br />
<a href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/employment-tribunal-decisions-21.html">Employment tribunal decisions making the headlines: 07.08.10 to 20.08.10</a><br />
<a href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/employment-tribunal-decisions-20.html">Employment tribunal decisions making the headlines: 24.07.10 to 06.08.10</a><br />
<a href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/07/employment-tribunal-decisions-19.html">Employment tribunal decisions making the headlines: 10.07.10 to 23.07.10</a><br />
<a href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/07/employment-tribunal-decisions-18.html">Employment tribunal decisions making the headlines: 26.06.10 to 09.07.10</a><br />
<a href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/06/employment-tribunal-decisions-17.html">Employment tribunal decisions making the headlines: 12.06.10 to 25.06.10</a></p>

<p><b>Previous employment tribunal decisions reported on XpertHR [subscription required]</b><br />
<a href="http://www.xperthr.co.uk/article/104235/disability-discrimination-and-depression--employment-tribunal-decisions.aspx">Disability discrimination and depression</a><br />
<a href="http://www.xperthr.co.uk/article/103026/disability-discrimination---back-pain-and-other-musculoskeletal-disorders--employment-tribunal-decisions.aspx">Disability discrimination: back pain and other musculoskeletal disorders</a><br />
<a href="http://www.xperthr.co.uk/article/102308/disability-discrimination-and-dyslexia--employment-tribunal-decisions.aspx">Disability discrimination and dyslexia</a><br />
<a href="http://www.xperthr.co.uk/article/100499/consultation-on-collective-redundancies--employment-tribunal-decisions.aspx">Consultation on collective redundancies</a><br />
<a href="http://www.xperthr.co.uk/article/99190/pregnancy-and-maternity-leave-discrimination--employment-tribunal-decisions.aspx">Pregnancy and maternity leave discrimination</a><br />
<a href="http://www.xperthr.co.uk/article/98067/unfair-dismissal-in-selection-for-redundancy--employment-tribunal-decisions.aspx">Unfair dismissal in selection for redundancy</a><br />
<a href="http://www.xperthr.co.uk/article/96216/age-discrimination-in-redundancy--employment-tribunal-decisions.aspx">Age discrimination in redundancy</a><br />
<a href="http://www.xperthr.co.uk/article/96590/disability-discrimination-in-the-police--employment-tribunal-decisions.aspx">Disability discrimination in the police</a></p>

<p><b>Employment tribunal round ups coming soon</b><br />
Race discrimination in the police</p>

<a href="editor-content.html?cs=utf-8" name="comment"></a>

]]>
   </content>
</entry>

<entry>
   <title>If I could change one thing about HR: Have your say!</title>
   <link rel="alternate" type="text/html" href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/09/guest-post-links.html" />
   <id>tag:www.xperthr.co.uk,2010:/blogs/employment-intelligence//82.171053</id>
   
   <published>2010-09-03T05:45:00Z</published>
   <updated>2010-09-03T06:04:02Z</updated>
   
   <summary>XpertHR is inviting you to have your say on the following topic &quot;If I could change one thing about HR...&quot;.

We&apos;re looking for guest blog posts (written, video or audio posts all welcome). If you would like to contribute your own guest post to this series, please e-mail me, or contact me via Twitter.

Alternatively, you can take part in the debate by posting comments on the blog posts comprising this series.</summary>
   <author>
      <name>Michael Carty</name>
      
   </author>
   
      <category term="hr policy and strategy" scheme="http://www.sixapart.com/ns/types#category" />
   
   <category term="63" label="blogging" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="564" label="blogs" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="119266" label="if I could change one thing about hr" scheme="http://www.sixapart.com/ns/types#tag" />
   
   <content type="html" xml:lang="en" xml:base="http://www.xperthr.co.uk/blogs/employment-intelligence/">
      <![CDATA[<p>XpertHR is inviting you to have your say on the following topic "If I could change one thing about HR...".</p>
<p>We're <a href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/if-i-could-change-one-thing-ab.html">looking for guest blog posts (written, video or audio posts all welcome)</a>. If you would like to contribute your own guest post to this series, please <a href="mailto:michael.carty@rbi.co.uk">e-mail me</a>, or contact me via <a href="http://twitter.com/MJCarty">Twitter</a>.</p>
<p>Alternatively, you can take part in the debate by posting comments on the blog posts comprising this series.<br /></p>
<p><b>R</b><b>ead all the posts in this series:</b><br /></p>
<ul>
<li><a href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/if-i-could-change-one-thing-ab-5.html">Kevin J Ball: If I could change one thing about HR...</a></li>
<li><a href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/if-i-could-change-one-thing-ab-6.html">David Shepherd: If I could change one thing about HR...</a></li>
<li><a href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/bill-boorman-if-i-could-change.html">Bill Boorman: If I could change one thing about HR...</a></li>
<li><a href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/if-i-could-change-one-thing-ab-2.html">Sukhvinder Pabial (aka @naturalgrump): If I could change one thing about HR...</a></li>
<li><a href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/if-i-could-change-one-thing-ab-4.html">Glyn Lumley (The HR Maverick): If I could change one thing about HR...</a></li>
<li><a href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/j-keith-dunbar-if-i-could-chan.html">J Keith Dunbar: If I could change one thing about HR...</a></li>
<li><a href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/if-i-could-change-one-thing-ab-3.html">Grant Mason: If I could change one thing about HR...</a></li>
<li><a href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/anonymous-if-i-could-change-on.html">Anonymous: If I could change one thing about HR...</a></li>
<li><a href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/if-i-could-change-one-thing-ab-1.html">The HRD: If I could change one thing about HR...</a></li><li><a href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/09/paul-smith-if-i-could-change-o.html">Paul Smith: If I could change one thing about HR...</a><br /></li></ul>]]>
      
   </content>
</entry>

<entry>
   <title>Disability discrimination: pyromaniacs, kleptomaniacs, voyeurs and flashers excluded from Equality Act 2010</title>
   <link rel="alternate" type="text/html" href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/09/flashers.html" />
   <id>tag:www.xperthr.co.uk,2010:/blogs/employment-intelligence//82.174265</id>
   
   <published>2010-09-02T06:00:00Z</published>
   <updated>2010-09-01T19:49:38Z</updated>
   
   <summary>The Government has published the first really important secondary legislation to the Equality Act 2010. The Equality Act 2010 (Disability) Regulations 2010 (on the UK legislation website) set out various conditions that are specifically excluded from constituting a disability under...</summary>
   <author>
      <name>Stephen Simpson</name>
      
   </author>
   
      <category term="equal opportunities" scheme="http://www.sixapart.com/ns/types#category" />
   
   <category term="17980" label="disability" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="20587" label="disability discrimination" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="119265" label="equality act 2010" scheme="http://www.sixapart.com/ns/types#tag" />
   
   <content type="html" xml:lang="en" xml:base="http://www.xperthr.co.uk/blogs/employment-intelligence/">
      <![CDATA[<p>The Government has <a href="http://www.xperthr.co.uk/article/104665/equality-act-2010--new-secondary-legislation-supports-definition-of-disability.aspx">published the first really important secondary legislation to the Equality Act 2010</a>. The <a href="http://www.legislation.gov.uk/uksi/2010/2128/contents/made">Equality Act 2010 (Disability) Regulations 2010</a> (on the UK legislation website) set out various conditions that are specifically excluded from constituting a disability under the Equality Act 2010.</p>
]]>
      <![CDATA[<p>As with the Disability Discrimination Act 1995, some mental health conditions such as a tendency to set fires, steal, or physically or sexually abuse other persons, or a compulsion toward exhibitionism or voyeurism are deemed not to be disabilities under the Equality Act 2010.</p>

<p>The Regulations also exclude individuals with addiction, including a dependency on alcohol or nicotine. Hay fever is another condition that does not count as a disability.</p>

<p>It is worth noting that, while these conditions do not by themselves constitute a disability, some individuals displaying these characteristics might still be disabled if they have other conditions as well. A good example of this would be a hay-fever sufferer who also has asthma, as hay fever is known to aggravate that condition.</p>]]>
   </content>
</entry>

<entry>
   <title>Benchmarking labour turnover in 2010: Voluntary resignation rate is 8.6%</title>
   <link rel="alternate" type="text/html" href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/09/benchmarking-labour-turnover-i.html" />
   <id>tag:www.xperthr.co.uk,2010:/blogs/employment-intelligence//82.170285</id>
   
   <published>2010-09-02T06:00:00Z</published>
   <updated>2010-08-02T13:42:46Z</updated>
   
   <summary>The national median voluntary resignation rate stood at 8.6% in 2009, according to 2010 benchmarking research on labour turnover from XpertHR.</summary>
   <author>
      <name>Michael Carty</name>
      
   </author>
   
      <category term="recruitment" scheme="http://www.sixapart.com/ns/types#category" />
   
   <category term="14387" label="benchmarking" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="108839" label="labour turnover" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="30059" label="turnover" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="118539" label="voluntary resignation" scheme="http://www.sixapart.com/ns/types#tag" />
   
   <content type="html" xml:lang="en" xml:base="http://www.xperthr.co.uk/blogs/employment-intelligence/">
      <![CDATA[The national median voluntary resignation rate stood at 8.6% in 2009, according to 2010 benchmarking research on labour turnover from XpertHR.<br />]]>
      <![CDATA[The <a href="http://www.xperthr.co.uk/hr-benchmarking/survey/424/labour-turnover-and-absence-survey-2010-%282%29--labour-turnover-rates-+-costs-for-2009.aspx">2010 XpertHR benchmarking survey on labour turnover rates and costs</a> (XpertHR benchmarking subscription required) is based on responses from 256 employers with a combined workforce of more than 700,000 employees. <br />Key findings of the survey include the following (subscription to XpertHR benchmarking required to access each):<br />
<ul>
<li>By broad industry sector, the median <a href="http://www.xperthr.co.uk/hr-benchmarking/question/111601/what-was-your-organisations-voluntary-resignation-rate-for-2009-as-a-whole.aspx">voluntary resignation rate</a> is 9% in private sector services, compared with 8.4% in the public sector and 6% in manufacturing and production.</li>
<li>Across the economy as a whole, the median <a href="http://www.xperthr.co.uk/hr-benchmarking/question/111604/what-was-the-cost-of-labour-turnover-per-employee-in-2009.aspx">cost of labour turnover</a> is £258.67 per head.</li>
<li>By region, London has the highest median <a href="http://www.xperthr.co.uk/hr-benchmarking/question/111602/what-was-your-organisations-total-labour-turnover-rate-for-2009-as-a-whole.aspx">total labour turnover rate</a> (the crude wastage rate), nearly triple the national median.<br /></li></ul>Subscribers to XpertHR benchmarking can drill down into the <a href="http://www.xperthr.co.uk/hr-benchmarking/survey/424/labour-turnover-and-absence-survey-2010-%282%29--labour-turnover-rates-+-costs-for-2009.aspx">complete benchmarking data from the 2010 survey of labour turnover rates and costs</a>.<br />]]>
   </content>
</entry>

<entry>
   <title>CIPD CEO Jackie Orme: &quot;It&apos;s been a tough 12 months, but we&apos;ve navigated it well&quot;</title>
   <link rel="alternate" type="text/html" href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/09/cipd-ceo-jackie-orme-its-been.html" />
   <id>tag:www.xperthr.co.uk,2010:/blogs/employment-intelligence//82.174152</id>
   
   <published>2010-09-01T13:32:03Z</published>
   <updated>2010-09-01T13:34:48Z</updated>
   
   <summary>&quot;[I]t has been a tough 12 months, but we&apos;ve navigated it well because we planned well.&quot; This is CIPD CEO Jackie Orme&apos;s assessment of the fortunes of the CIPD over its most recent accounting year (1 July 2009 to 30 June 2010), published by People Management.</summary>
   <author>
      <name>Michael Carty</name>
      
   </author>
   
      <category term="hr policy and strategy" scheme="http://www.sixapart.com/ns/types#category" />
   
   <category term="6405" label="cipd" scheme="http://www.sixapart.com/ns/types#tag" />
   
   <content type="html" xml:lang="en" xml:base="http://www.xperthr.co.uk/blogs/employment-intelligence/">
      <![CDATA[<blockquote dir="ltr" style="MARGIN-RIGHT: 0px">
<p>[I]t has been a tough 12 months, but we've navigated it well because we planned well.</p></blockquote>
<p>This is CIPD CEO Jackie Orme's assessment of the fortunes of the CIPD over its most recent accounting year (1 July 2009 to 30 June 2010), published by <a href="http://www.peoplemanagement.co.uk/pm/articles/2010/09/hr-profession-extending-our-reach.htm">People Management</a>.</p>]]>
      <![CDATA[<p>The interview - which comes ahead of the CIPD's latest annual report, scheduled for publication in November 2010&nbsp;- also includes "headline news" on the state of the CIPD, including the following:</p>
<blockquote dir="ltr" style="MARGIN-RIGHT: 0px">
<p>[T]he institute retained its record total of 135,000 members. It also increased its operating surplus - despite a reduced turnover - and invested substantial sums in improving member services, and in building a future vision for the profession.</p></blockquote>
<p>The article notes that these investments were financed by more than £3 million worth of "long-term efficiency savings."</p>
<p>Orme also uses the interview to reaffirm her vision of the CIPD's key objectives. According to Orme:</p>
<blockquote dir="ltr" style="MARGIN-RIGHT: 0px">
<p>The CIPD has two key roles. First, it's a membership organisation, and second, it's a charity with a public benefit role.</p></blockquote>
<ul>
<li>Read the full interview on the <a href="http://www.peoplemanagement.co.uk/pm/articles/2010/09/hr-profession-extending-our-reach.htm">People Management</a> website.</li></ul>]]>
   </content>
</entry>

<entry>
   <title>Economic outlook, September 2010: &apos;Choppy&apos; recovery, strike action and &apos;nuclear options&apos;?</title>
   <link rel="alternate" type="text/html" href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/09/economic-commentary---septembe.html" />
   <id>tag:www.xperthr.co.uk,2010:/blogs/employment-intelligence//82.171531</id>
   
   <published>2010-09-01T06:00:00Z</published>
   <updated>2010-09-01T06:35:28Z</updated>
   
   <summary>Economic recovery is ongoing, but faltering growth, widespread job insecurity and concerted industrial action could be just around the corner, according to XpertHR Salary Surveys&apos; September 2010 overview of the UK economic situation for HR professionals, pay setters and employment practitioners.</summary>
   <author>
      <name>Michael Carty</name>
      
   </author>
   
      <category term="economics" scheme="http://www.sixapart.com/ns/types#category" />
   
   <category term="6405" label="cipd" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="82042" label="economic recovery" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="27210" label="strikes" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="15083" label="unemployment" scheme="http://www.sixapart.com/ns/types#tag" />
   
   <content type="html" xml:lang="en" xml:base="http://www.xperthr.co.uk/blogs/employment-intelligence/">
      <![CDATA[Economic recovery is ongoing, but faltering growth, widespread job insecurity and concerted industrial action could be just around the corner, according to XpertHR Salary Surveys' <a href="http://www.xperthr.co.uk/blogs/pay-intelligence/2010/09/economic-commentary---september-2010-choppy-recovery-industrial-unrest-and-nuclear-options-in-prospe.html">September 2010 overview of the UK economic situation</a> for HR professionals, pay setters and employment practitioners. ]]>
      <![CDATA[Even the most optimistic commentators now feel that the best-case scenario is likely to be one of protracted, painful economic recovery. Both Bank of England Governor Mervyn King and Chancellor George Osborne have predicted a "choppy recovery" for the UK economy.<br /><br />It is also possible that this drawn-out recovery will involve an extended period of depression, or worse a double-dip recession.<br /><br />Factors likely to affect economic recovery in the coming months include endemic fear of unemployment, and potentially significant industrial unrest as the full implications of planned public spending cuts begin to dawn on the UK population. <br /><br />The prospect of widespread strike action has led the CIPD to introduce what it terms "the nuclear option" to the ongoing debate on how public spending cuts are to be forced through.<br />
<ul>
<li><a href="http://www.xperthr.co.uk/blogs/pay-intelligence/2010/09/economic-commentary---september-2010-choppy-recovery-industrial-unrest-and-nuclear-options-in-prospe.html">Economic commentary - September 2010: 'Choppy' recovery, strike action and 'nuclear options' in prospect?</a> </li></ul><br />]]>
   </content>
</entry>

<entry>
   <title>Top 10 HR questions - August 2010</title>
   <link rel="alternate" type="text/html" href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/top-10-hr-questions---august-2-1.html" />
   <id>tag:www.xperthr.co.uk,2010:/blogs/employment-intelligence//82.174008</id>
   
   <published>2010-08-31T16:00:27Z</published>
   <updated>2010-08-31T16:30:23Z</updated>
   
   <summary> FAQs providing information about the impact of the Government&apos;s announcement on the abolition of the default retirement age have been popular in the last month. In particular, employers have been looking at the expected timetable for the changes. New...</summary>
   <author>
      <name>Susie Munro</name>
      
   </author>
   
      <category term="employee rights" scheme="http://www.sixapart.com/ns/types#category" />
   
      <category term="hr policy and strategy" scheme="http://www.sixapart.com/ns/types#category" />
   
   <category term="120394" label="bribery act 2010" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="101855" label="default retirement age" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="7957" label="facebook" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="88753" label="faqs" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="16867" label="fixed-term contracts" scheme="http://www.sixapart.com/ns/types#tag" />
   
   <content type="html" xml:lang="en" xml:base="http://www.xperthr.co.uk/blogs/employment-intelligence/">
      <![CDATA[<img alt="Q Mark Aug.jpg" src="http://www.xperthr.co.uk/blogs/employment-intelligence/Q%20Mark%20Aug.jpg" class="mt-image-left" style="float: left; margin: 0pt 20px 20px 0pt;" width="250" height="185" />
<p>FAQs providing information about the impact of the Government's announcement on the abolition of the default retirement age have been popular in the last month. In particular, employers have been looking at the expected timetable for the changes.</p>

<p>New questions on the Bribery Act 2010 and on using comments posted on employees' Facebook pages as evidence in disciplinary proceedings also feature in the list of top ten FAQs on XpertHR for August 2010.</p>

<p>Other popular FAQs deal with ending fixed-term contracts early, either for reasons of redundancy or poor performance.</p> 
]]>
      <![CDATA[<ol><li type="1"><a href="http://www.xperthr.co.uk/faqs/topics/9,122/retirement.aspx?articleid=104243#104243">What is the expected timetable for the abolition of the default retirement age?</a></li>
<li type="1"><a href="http://www.xperthr.co.uk/faqs/topics/1,113/fixed-term-contracts.aspx?articleid=62081#62081">Can an underperforming employee on a fixed-term contract be dismissed before the end of the fixed term?</a></li>
<li type="1"><a href="http://www.xperthr.co.uk/faqs/topics/15,162/negative-comments-on-social-media.aspx?articleid=104597#104597">Can a defamatory comment posted by an employee on his or her Facebook page be used as evidence in the employee's disciplinary proceedings?</a></li>
<li type="1"><a href="http://www.xperthr.co.uk/faqs/topics/15,161/bribery-act-2010.aspx?articleid=104189#104189">What are "adequate procedures" to prevent bribery under the Bribery Act 2010?</a></li>
<li type="1"><a href="http://www.xperthr.co.uk/faqs/topics/1,113/fixed-term-contracts.aspx?articleid=104472#104472">Can a fixed-term contract be terminated before the end of the term if the post is redundant?</a></li>
<li type="1"><a href="http://www.xperthr.co.uk/faqs/topics/9,122/retirement.aspx?articleid=104241#104241">How will the abolition of the default retirement age affect employers that have a compulsory retirement age of 65?</a></li>
<li type="1"><a href="http://www.xperthr.co.uk/faqs/topics/1,6/variation.aspx?articleid=103193#103193">What procedures must an employer follow if it needs to cut employees' pay?</a></li>
<li type="1"><a href="http://www.xperthr.co.uk/faqs/topics/15,161/bribery-act-2010.aspx?articleid=104188#104188">What criminal offences are created by the Bribery Act 2010?</a></li>
<li type="1"><a href="http://www.xperthr.co.uk/faqs/topics/1,6/variation.aspx?articleid=19733#19733">Can the transferee change the contracts of the incoming employees upon the transfer of a business covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006?</a></li>
<li type="1"><a href="http://www.xperthr.co.uk/faqs/topics/4,46/time-off-work.aspx?articleid=58636#58636">Is the spouse or partner of a pregnant woman entitled to paid time off work to attend scans and other antenatal appointments?</a></li></ol>
<p>Photo: <a href="http://www.flickr.com/photos/st3f4n/143623934/">Stéfan</a></p>]]>
   </content>
</entry>

<entry>
   <title>XpertHR conference on the Equality Act 2010</title>
   <link rel="alternate" type="text/html" href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/xperthr-conference-on-the-equa.html" />
   <id>tag:www.xperthr.co.uk,2010:/blogs/employment-intelligence//82.173295</id>
   
   <published>2010-08-31T14:29:54Z</published>
   <updated>2010-09-01T09:33:03Z</updated>
   
   <summary>Replacing nine laws and more than 100 other measures, the Equality Act 2010 is set to bring about the greatest change to employment law this year and, with the bulk of the legislation being introduced in October, there&#8217;s no time...</summary>
   <author>
      <name>Sophie Cheetham</name>
      
   </author>
   
      <category term="equal opportunities" scheme="http://www.sixapart.com/ns/types#category" />
   
      <category term="hr policy and strategy" scheme="http://www.sixapart.com/ns/types#category" />
   
   <category term="13318" label="equal opportunities" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="119265" label="equality act 2010" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="120118" label="Xperthr conferences" scheme="http://www.sixapart.com/ns/types#tag" />
   
   <content type="html" xml:lang="en" xml:base="http://www.xperthr.co.uk/blogs/employment-intelligence/">
      <![CDATA[<P class=body>Replacing nine laws and more than 100 other measures, the Equality Act 2010 is set to bring about the greatest change to employment law this year and, with the bulk of the legislation being introduced in October, there's no time like the present for employers to identify how the Act will impact their organisation.</p>]]>
      <![CDATA[<P class=body>Although many principles will remain the same, the Act extends the scope of discrimination legislation and introduces new definitions and terminology.</p>

<P class=body>The one-day <A href="http://www.xperthrevents.co.uk/equality?cp=NLC-HRECH-EQU">XpertHR conference on the Equality Act 2010</A> - which takes place on 15 September 2010 in London, on 19 October 2010 in Birmingham and on 27 October 2010 in Manchester - will update delegates on key change to current legislation and also examine what the Act means in practice for recruitment, employment and diversity practices in the workplace.</p>

<P class=body>The conference will help delegates to:</p>

<ul><li>understand the differences between the new and old laws;</li>
<li>discover the new coalition Government's plans for implementation;</li>
<li>examine what changes they will need to make to recruitment procedures, employee contracts, company employment policies and diversity strategies to be compliant with the Act; and</li>
<li>understand the new features of the law, such as dual discrimination, pre-employment health questions, new powers for tribunals and positive action.</li></ul>

<P class=body>Delegates will also be able to discuss implementation and how the Act will change the way they work on a day-to-day basis with their peers.</p>

<P class=body>XpertHR has put together a <A href="http://www.xperthr.co.uk/article/104563/.aspx">resource pack</A>, rounding up information on, and relevant to, the Equality Act 2010, to help subscribers get the most out of the conference. The pack covers the provisions of the Equality Act 2010 and includes guidance on conducting an equal pay audit, avoiding disability discrimination under the Act and closing the gender pay gap.</p>

<P class=body>Don't forget that all XpertHR subscribers who book places on the IRS conference on working with trade unions are entitled to a £50 discount (per delegate). </p>
]]>
   </content>
</entry>

<entry>
   <title>What&apos;s happening to HR professionals&apos; pay?</title>
   <link rel="alternate" type="text/html" href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/whats-happening-to-hr-professi.html" />
   <id>tag:www.xperthr.co.uk,2010:/blogs/employment-intelligence//82.173904</id>
   
   <published>2010-08-31T09:52:34Z</published>
   <updated>2010-08-31T10:01:36Z</updated>
   
   <summary>We are currently collecting pay data for the XpertHR core business salary surveys. These cover employees in HR, sales and marketing, finance and general management/admin functions. To find out more about taking part, click here. I have also posted a...</summary>
   <author>
      <name>Mark Crail</name>
      
   </author>
   
      <category term="pay and benefits" scheme="http://www.sixapart.com/ns/types#category" />
   
   <category term="48046" label="salary surveys" scheme="http://www.sixapart.com/ns/types#tag" />
   
   <content type="html" xml:lang="en" xml:base="http://www.xperthr.co.uk/blogs/employment-intelligence/">
      <![CDATA[<p>We are currently collecting pay data for the <a href="http://www.xperthr.co.uk/job-pricing/price-a-job">XpertHR core business salary surveys</a>. These cover employees in HR, sales and marketing, finance and general management/admin functions. <a href="http://www.xperthr.co.uk/job-pricing/subscribe/new/participate">To find out more about taking part, click here</a>.</p>
<p>I have also posted a piece about what's happening to HR professionals' own pay based on our most recent data on our new XpertHR Pay Intelligence blog. This blog is still in development, but if you would like a sneak pre-launch preview, <a href="http://www.xperthr.co.uk/blogs/pay-intelligence/2010/08/prospects-for-hr-salaries-in-2010-and-2011.html">click here</a>.</p>]]>
      
   </content>
</entry>

<entry>
   <title>The HRD: If I could change one thing about HR...</title>
   <link rel="alternate" type="text/html" href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/if-i-could-change-one-thing-ab-1.html" />
   <id>tag:www.xperthr.co.uk,2010:/blogs/employment-intelligence//82.170531</id>
   
   <published>2010-08-31T06:00:00Z</published>
   <updated>2010-08-16T09:55:13Z</updated>
   
   <summary>With the August Bank Holiday now behind us, our series of guest blog posts on the topic &quot;If I could change on thing about HR...&quot; continues today with a fascinating post from anonymous HR blogger and full-time HR director The HRD. The HRD is author of the excellent My Hell is Other People blog - one of the HR bloggers&apos; blogs of choice, as revealed by our mini survey earlier this year. He describes himself as a &quot;British HR Director caught in a Sartrian nightmare and trying to see the philosophical side of life.&quot; It is a particular honour therefore to have the HRD use his guest post to expand at length on these Sartrian themes. Over to you, the HRD:

Existentialism addresses the purpose and existence of men. Having been in and observed the profession for the best part of two decades, it is my belief that HR is facing its own existential crisis. We can learn a lot from the existentialists about how HR can face up to this crisis, and take charge of its actions.</summary>
   <author>
      <name>Michael Carty</name>
      
   </author>
   
      <category term="hr policy and strategy" scheme="http://www.sixapart.com/ns/types#category" />
   
   <category term="564" label="blogs" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="49001" label="existentialism" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="5980" label="hr" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="118343" label="hr change" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="119266" label="if I could change one thing about hr" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="114167" label="sartre" scheme="http://www.sixapart.com/ns/types#tag" />
   
   <content type="html" xml:lang="en" xml:base="http://www.xperthr.co.uk/blogs/employment-intelligence/">
      <![CDATA[<p><img class="mt-image-left" style="FLOAT: left; MARGIN: 0px 20px 20px 0px" height="143" alt="TheHRD.JPG" src="http://www.xperthr.co.uk/blogs/employment-intelligence/TheHRD.JPG" width="127" />With the August Bank Holiday now behind us, our series of guest blog posts on the topic "If I could change on thing about HR..." continues today with a fascinating post from anonymous HR blogger and full-time HR director The HRD. The HRD is author of the excellent <a href="http://myhellisotherpeople.com/">My Hell is Other People</a> blog - one of the <a href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/03/hr-blogs-and-blogging-habits-5.html">HR bloggers' blogs of choice</a>, as revealed by our mini survey earlier this year, and maintains a strong <a href="https://twitter.com/TheHRD">Twitter presence</a>. He <a href="http://myhellisotherpeople.com/about/">describes himself</a> as a&nbsp;"British HR Director caught in a Sartrian nightmare and trying to see the philosophical side of life." It is a particular honour therefore&nbsp;to have the HRD use his guest post to expand at length on these Sartrian themes. </p>
<p>If you would like to contribute your own guest post to this series, please <a href="mailto:michael.carty@rbi.co.uk">e-mail me</a>, or contact me via <a href="http://twitter.com/MJCarty">Twitter</a>.</p>
<p>Over to you, the HRD:</p>
<p><strong>The HRD: 'Existentialism is an HRism'<br /></strong></p>
<p>Existentialism addresses the purpose and existence of men. Having been in and observed the profession for the best part of two decades, it is my belief that HR is facing its own existential crisis. We can learn a lot from the existentialists about how HR can face up to this crisis, and take charge of its actions.</p>]]>
      <![CDATA[<p>In his <a href="http://www.marxists.org/reference/archive/sartre/works/exist/sartre.htm">preface</a>&nbsp;(entitled Existentialism is a Humanism)&nbsp;to Frantz Fanon's <a href="http://www.amazon.co.uk/Wretched-Earth-Penguin-Modern-Classics/dp/0141186542/ref=sr_1_1?s=books&amp;ie=UTF8&amp;qid=1280819814&amp;sr=1-1">The<em> </em>Wretched of the Earth</a> the existentialist philosopher Jean Paul Sartre wrote: </p>
<blockquote dir="ltr" style="MARGIN-RIGHT: 0px">
<p>We only become what we are by the radical and deep-seated refusal of that which others have made of us.</p></blockquote>
<p>The preface was seen as an advocacy of violence against repression, a subject not necessarily in keeping with the hallowed pages of XpertHR. But in itself the above quotation sums up everything that I would suggest needs to change about the profession we know (today) as Human Resources.</p>
<p>The term "existential crisis" is thrown about far too widely, but if ever there was a case study of an ongoing "existential crisis", surely our profession is it?&nbsp; As we flit around trying to be one thing for one person, another thing for another person, looking to false idols (management gurus) to try to give us purpose and understanding. We seek the approval of others by behaving in ways that we often do not believe are proper.</p>
<p dir="ltr" style="MARGIN-RIGHT: 0px">But an existentialist would argue that this is no way to live. We are in fact free, but it is our actions that define us and our freedom. Sartre would call this "abandonment". Broadly put, abandonment is the concept that there is no right way of doing or being, purely a series of decisions and resultant actions. As Sartre sees it:&nbsp;</p>
<blockquote dir="ltr" style="MARGIN-RIGHT: 0px">
<p dir="ltr" style="MARGIN-RIGHT: 0px">We ourselves decide our being.</p></blockquote>
<p>Once we understand the concept of abandonment, that there is no greater power that can tell us the way to do things, that there is no one way to be, then we discover anguish. Anguish is the feeling that comes from knowing that each of us has responsibility for how we are seen, and that our actions are used to create an image of ourselves - or, in HR's case, of the profession itself. Every time we interact with a manager or an employee, that is not only how they see us, but how they see HR as a whole.</p>
<p>Now this is the point at which a lot of people start to say, "yes, but...". How many times have we heard it? "But my boss..." or "But my company...", and "I know that is the right thing to do, but...". It is here that we indulge in what the existentialists call quietism. </p>
<p>There are no excuses for quietism, they say. In&nbsp;Sartre's view:&nbsp;</p>
<blockquote dir="ltr" style="MARGIN-RIGHT: 0px">
<p>[T]he coward makes himself cowardly, the hero makes himself heroic; and that there is always a possibility for the coward to give up cowardice and for the hero to stop being a hero. What counts is the total commitment".</p></blockquote>
<p>It is never too late to change the way in which you act. Each time you interact you define yourself and those like you. There is nothing stopping you from being the professional that you want to be, that you know you should be. So stop worrying about what people think of you and start doing what you believe is right. Sure, sometimes things won't go to plan. But if you believe in it, if you strive for it, if you truly do everything that you can to make it happen, then it will reflect on you in a positive light.</p>
<p>Start today, start right now. Make every action count. Don't make a need for yourself, through pointless constructs, don't hide behind excuses or explain away inaction.&nbsp; We don't need to accept the way that other people see us. We can define ourselves through our actions. </p>
<p>To end as we began with a quote from Sartre:</p>
<blockquote dir="ltr" style="MARGIN-RIGHT: 0px">
<p>Life is nothing until it is lived; but it is yours to make sense of, and the value of it is nothing else but the sense that you choose.</p></blockquote>
<ul dir="ltr">
<li><a href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/guest-post-links.html">If I could change one thing about HR...: Read all the posts in this series</a></li></ul>]]>
   </content>
</entry>

<entry>
   <title>Pregnancy discrimination: £45,000 award after employer pretended employee didn&apos;t qualify for statutory maternity pay</title>
   <link rel="alternate" type="text/html" href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/pregnant-employee-maternity-pa.html" />
   <id>tag:www.xperthr.co.uk,2010:/blogs/employment-intelligence//82.173639</id>
   
   <published>2010-08-27T06:00:00Z</published>
   <updated>2010-08-27T06:17:25Z</updated>
   
   <summary> A tribunal in Northern Ireland has awarded £45,000 to a woman whose employer pretended that she was working part time while she was pregnant so that it didn&apos;t have to pay statutory maternity pay to her....</summary>
   <author>
      <name>Stephen Simpson</name>
      
   </author>
   
      <category term="employee rights" scheme="http://www.sixapart.com/ns/types#category" />
   
      <category term="equal opportunities" scheme="http://www.sixapart.com/ns/types#category" />
   
      <category term="pay and benefits" scheme="http://www.sixapart.com/ns/types#category" />
   
   <category term="19106" label="employment tribunals" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="12877" label="maternity leave" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="27322" label="maternity pay" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="16281" label="pregnancy" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="13300" label="sex discrimination" scheme="http://www.sixapart.com/ns/types#tag" />
   
   <content type="html" xml:lang="en" xml:base="http://www.xperthr.co.uk/blogs/employment-intelligence/">
      <![CDATA[ <p>A tribunal in Northern Ireland has awarded £45,000 to a woman whose employer pretended that she was working part time while she was pregnant so that it didn't have to pay statutory maternity pay to her.</p>]]>
      <![CDATA[<p>According to the <a href="http://www.bbc.co.uk/news/uk-northern-ireland-11098698">BBC website</a>, Ms Quigley worked at a cafe in Londonderry that was owned by Mr McGrory. She worked between 40 and 45 hours per week before she became pregnant, reduced to 30 hours per week when she became pregnant. However, when she asked about statutory maternity pay, Mr McGrory told her that he had put only 15 hours of her working week "through the books" so that she did not qualify for statutory maternity pay. He insisted that she lie to social security staff to cover up what he had done, which she refused to do.</p>

<p>Ms Quigley told the tribunal that she used her savings while trying to get statutory maternity pay and that she had been unable to enjoy her initial period with her baby because of money worries. The tribunal also heard medical evidence that she became ill as a result of her treatment by Mr McGrory.</p>

<p>The BBC has said that the tribunal awarded Ms Quigley £45,000 for unfair dismissal and sex discrimination, with the award for injury to feelings presumably at the higher end of the scale.</p>

<p>The <a href="http://www.xperthr.co.uk/article/99681/in-the-employment-tribunals.aspx">XpertHR employment tribunal reporting service</a> will look at the case in more detail once a transcript of the decision becomes available.</p>]]>
   </content>
</entry>

<entry>
   <title>Anonymous: If I could change one thing about HR...</title>
   <link rel="alternate" type="text/html" href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/anonymous-if-i-could-change-on.html" />
   <id>tag:www.xperthr.co.uk,2010:/blogs/employment-intelligence//82.171709</id>
   
   <published>2010-08-27T06:00:00Z</published>
   <updated>2010-08-16T10:05:03Z</updated>
   
   <summary>Our ongoing series of guest blog posts here on XpertHR Employment Intelligence brings together a diverse array of voices, each presenting their personal take on the following topic: &quot;If I could change one thing about HR...&quot;

Today we present the contribution of an anonymous UK HR Manager working in the public sector, who wants to see &quot;HR finally get to grips with the idea of what it is really here for.&quot;

If you would like to contribute your own guest post to this series, please e-mail me, or contact me via Twitter.

Anonymous: If I could change one thing about HR...

It&apos;s unbelievable in the 21st Century, to me at least, that you can still find some people in HR who are confused about what our role is. I still hear people talking as if we were an offshoot of some nineteenth-century social welfare experiment. Let&apos;s change one thing about us at least - lets get clarity, focus and coherence of purpose.</summary>
   <author>
      <name>Michael Carty</name>
      
   </author>
   
      <category term="hr policy and strategy" scheme="http://www.sixapart.com/ns/types#category" />
   
   <category term="6405" label="cipd" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="119266" label="if I could change one thing about hr" scheme="http://www.sixapart.com/ns/types#tag" />
   
   <content type="html" xml:lang="en" xml:base="http://www.xperthr.co.uk/blogs/employment-intelligence/">
      <![CDATA[<p>Our ongoing series of guest blog posts here on XpertHR Employment Intelligence brings together a diverse array of voices, each presenting their personal take on the following topic: "If I could change one thing about HR..."</p>
<p>Today we present the contribution of an anonymous&nbsp;UK HR Manager working in the public sector, who wants to see "HR finally get to grips with the idea of what it is really here for."</p>
<p>If you would like to contribute your own guest post to this series, please <a href="mailto:michael.carty@rbi.co.uk">e-mail me</a>, or contact me via <a href="http://twitter.com/MJCarty">Twitter</a>.</p>
<p><strong>Anonymous: If I could change one thing about HR...</strong></p>
<p>It's unbelievable in the 21st Century, to me at least, that you can still find some people in HR who are confused about what our role is. I still hear people talking as if we were an offshoot of some nineteenth-century social welfare experiment. Let's change one thing about us at least - lets get clarity, focus and coherence of purpose.</p>]]>
      <![CDATA[<p>HR is paid for <strong>by the business </strong>and exists in order to <strong>help the business survive</strong>. Specifically, its function is to help <em>managers manage</em>, not to be an Employee Advocate (a la Ulrich), nor a defender of employee rights, nor the organisation's social conscience, nor the dustbin into which organisations think they can dump 'anything that we're not quite sure where to put but have a vague belief that it might be a good thing' in to. So, no, we are not the guardians of CSR, nor should we pursue Diversity for its own sake, nor try to be experts in the (intellectually vacuous) notion of 'Employee Well Being' (which clearly gains something authoritative in its own capitalisation). That's not why organisations employ us.</p>
<p>Occupational Health (OH)&nbsp;departments are typical of this malaise, as is the CIPD itself. In all the organisations I have ever worked for, I have never met an OH practitioner who doesn't think it's their job to 'help employees', or a manager who hasn't despaired of OH's tenacious adherence to its own 'value base', forgetting in the process who pays their salary and where their loyalties (should) actually lie. OH has two proper functions: either to get an employee <em>back </em>to work or to help the manager to get them out of work (for that organisation). And that's all. Tissues and medical oaths aside, that's why the organisation spends its money on OH.</p>
<p>The CIPD is always on hand of course to reinforce the message that we should be Jack of all trades, whilst gazing into its own navel with ever higher powered binoculars. Frightened as it is to appear anything less than 'on message', you will very seldom find our professional body advocating anything other than the strictest, least pragmatic and most costly interpretation that can be put on employment law, or the interminable diet of EU Directives. </p>
<p>Ask yourself this question. Why is the FD, who is just as much an overhead to the business as the HRD, <em>always </em>on the Board, without question, whereas the HRD is only <em>sometimes </em>on the Board (and often only then to placate the fragility of the HRD's ego)? Might it be that organisations recognise the value of 'knowing the numbers' as their proper concern, whereas they don't recognise that 'knowing the people' is also its proper concern? And if that is true, how has this been allowed to come about? Isn't it precisely because HR is seen as being a risk-averse, 'big hat no cattle' dumping ground, which thinks it's there to help people because 'we're all very nice really', rather than produce evidence of the fact that progressive HR policies actually produce bottom-line results?</p>
<p>I am definitely not saying we should return to a sort of Dickensian <em>laissez faire </em>world, or turn into managerial brutes or sanction a sort of Enron type 'winner takes all' philosophy. I am as much an anti-capitalist as the next person, but whilst we are stuck with this 'mode of production' (as good old Karl would say), let's at least be clear about <em>which side </em>we are on - if you want to get into a social reform agenda for its own sake, become a shop steward. If, however, you are employed by the management of the organisation for the management of the organisation, then do the progressive stuff <em>because </em>it's good for the organisation, and stop doing the stuff that's not, just because it makes you feel warm and fluffy. That's not the side of the argument we have chosen guys (and - mainly - girls).</p>
<p>Clarity, focus and coherence of purpose. That is all that is required to make the difference, add value or get on the Board. That's sufficient.</p>
<li><a href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/guest-post-links.html">If I could change one thing about HR...: Read all the posts in this series</a>&nbsp;</li>]]>
   </content>
</entry>

<entry>
   <title>Equality Act 2010 and the definition of disability: consultation highlights removal of list of capacities</title>
   <link rel="alternate" type="text/html" href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/equality-act-2010-and-the-defi.html" />
   <id>tag:www.xperthr.co.uk,2010:/blogs/employment-intelligence//82.173504</id>
   
   <published>2010-08-26T11:45:25Z</published>
   <updated>2010-08-26T11:51:48Z</updated>
   
   <summary>The Government&apos;s consultation on draft guidance on the definition of disability highlights that under the Equality Act 2010 an individual will not have to demonstrate that, where an impairment adversely affects his or her ability to carry out a normal...</summary>
   <author>
      <name>Stephen Simpson</name>
      
   </author>
   
      <category term="equal opportunities" scheme="http://www.sixapart.com/ns/types#category" />
   
   <category term="17980" label="disability" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="20587" label="disability discrimination" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="38771" label="Disability Discrimination Act" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="119265" label="equality act 2010" scheme="http://www.sixapart.com/ns/types#tag" />
   
   <content type="html" xml:lang="en" xml:base="http://www.xperthr.co.uk/blogs/employment-intelligence/">
      <![CDATA[<p>The <a href="http://www.xperthr.co.uk/article/104615/government-issues-draft-guidance-on-definition-of-disability-in-equality-act-2010.aspx">Government's consultation on draft guidance on the definition of disability</a> highlights that under the Equality Act 2010 an individual will not have to demonstrate that, where an impairment adversely affects his or her ability to carry out a normal day-to-day activity, that activity involves one of a specified list of capacities, such as mobility, speech, or the ability to understand.</p>
]]>
      <![CDATA[<p>The Disability Discrimination Act 1995 provides that an impairment is to be taken as adversely affecting an individual's ability to carry out a normal day-to-day activity effect only if it affects one of eight capacities, which are:</p>

<img alt="disabled.jpg" src="http://www.xperthr.co.uk/blogs/employment-intelligence/disabled.jpg" class="mt-image-right" style="float: right; margin: 0pt 20px 20px 0pt;" width="100" height="140" />

<ul><li>mobility;</li>

<li>manual dexterity;</li>

<li>physical coordination; </li>

<li>continence; </li>

<li>ability to lift, carry or otherwise move everyday objects; </li>

<li>speech, hearing or eyesight; </li>

<li>memory or ability to concentrate, learn or understand; and</li>

<li>the perception of the risk of physical danger.</li></ul>

<p>It is thought that the list is unduly restrictive and it is therefore being removed by the Equality Act 2010. It will be left to tribunals to make a common-sense decision as to whether or not a particular impairment has a substantial effect on day-to-day activities. It is likely that it will make it easier for claimants to show that they are disabled.</p>

<p><b>Additional resources on XpertHR</b></p>

<p><a href="http://www.xperthr.co.uk/article/104263/outlook-video--equality-act----disability.aspx">Outlook video: Equality Act - disability</a> XpertHR's head of content Jo Stubbs and group editor David Shepherd have discuss changes to the law on disability discrimination that will be brought in by the Equality Act 2010.

</p><p><a href="http://www.xperthr.co.uk/article/103533/disability-discrimination-under-the-equality-act-2010.aspx"> Disability discrimination under the Equality Act 2010</a> [subscription required] In addition, we have published an article taking a detailed look at how the Equality Act 2010 deals with disability discrimination and how the current disability discrimination regime will change when the new provisions come into force.</p>

<p><a href="http://www.flickr.com/photos/thetruthabout/2665380058/">Photo: TheTruthAbout</a></p>
]]>
   </content>
</entry>

<entry>
   <title>Managing absence, sickness and stress: XpertHR resource pack</title>
   <link rel="alternate" type="text/html" href="http://www.xperthr.co.uk/blogs/employment-intelligence/2010/08/managing-absence-sickness-and.html" />
   <id>tag:www.xperthr.co.uk,2010:/blogs/employment-intelligence//82.173475</id>
   
   <published>2010-08-26T11:13:13Z</published>
   <updated>2010-08-27T14:45:40Z</updated>
   
   <summary>The XpertHR conference on managing absence, sickness and stress, in London on 22 September 2010, is a one-day event aimed at any HR professional tasked with reducing absence rates and bringing employees on sick-leave back into productive work....</summary>
   <author>
      <name>Luke Smith</name>
      
   </author>
   
      <category term="absence management" scheme="http://www.sixapart.com/ns/types#category" />
   
      <category term="hr policy and strategy" scheme="http://www.sixapart.com/ns/types#category" />
   
   <category term="120186" label="absence management" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="4694" label="sickness" scheme="http://www.sixapart.com/ns/types#tag" />
   <category term="13816" label="stress" scheme="http://www.sixapart.com/ns/types#tag" />
   
   <content type="html" xml:lang="en" xml:base="http://www.xperthr.co.uk/blogs/employment-intelligence/">
      <![CDATA[<p>The XpertHR conference on managing absence, sickness and stress, in London on 22 September 2010, is a one-day event aimed at any HR professional tasked with reducing absence rates and bringing employees on sick-leave back into productive work.</p>]]>
      <![CDATA[<p>UK business loses billions of pounds a year through absences. Through more effective management of staff, and a better understanding of the often complicated legal situation surrounding sickness and absence, HR professionals can significantly reduce absence rates and contribute to business success.</p>

<p>The XpertHR <a href="/viewarticle.asp?id=104451">resource pack</a> includes just some of the wealth of information and guidance available on XpertHR on managing absence, sickness and stress. It contains guidance on all aspects of dealing with short- and long-term sickness absence, including: reviewing absences, obtaining and using medical evidence, managing an employee's return to work, avoiding disability discrimination and preventing work-related stress claims.</p>

<p>The conference will enable delegates to:</p>

<ul><li>ensure their company sickness policy is fail-safe and up-to-date with recent and impending changes to the law;</li>
<li>understand how the &quot;fit-note&quot; works and how it has changed the way absence is managed;</li>
<li>learn from award-winning organisations how they go about managing long-term and sporadic absence;</li>
<li>appreciate the basic support that keeps an employee with depression at work (through a first-hand account); and</li>
<li>utilise third-party services, such as occupational health, to reduce absence and promote health and wellbeing in the workplace.</li></ul>

<p>XpertHR subscribers who book places on the IRS workshop on managing absence, sickness and stress are entitled to a £50 discount (per delegate). To claim the discount simply enter the code PZR27347 on the booking form.</p>

<p>IRS is running further conferences this year (all with a £50 discount for XpertHR subscribers):</p>

<ul><li>6 October, in London <a href="http://www.xperthrevents.co.uk/disability?cp=NLC-HRECH-DIS">workshop on disability and the workplace</a></li>
<li>15 September in London, 19 October in Birmingham and 27 October in Manchester <a href="http://www.xperthrevents.co.uk/equality?cp=NLC-HRECH-EQU">conference on Equality Act 2010</a></li></ul>]]>
   </content>
</entry>

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