BENCHMARK NEWSLETTER - QUARTER 3 - AUGUST 2009
Client Retention...what you need to know! 
The Times newspaper recently reported that Britain appears to be on the verge of economic recovery. Official figures showed that Britain’s factories and utilities increased their output by 0.5 per cent in June, turning in their strongest showing since October 2007. Halifax said that house prices rose by 1.1 per cent last month, the second rise in three months, suggesting that the worst of the housing slump was over. Confidence in a wider economic rebound was fuelled by the crucial survey of services businesses, which make up two thirds of the economy. This optimism has also been emphasised by the steep gains on the stock market over the past month or so.
So hopefully things are looking more optimistic for British businesses than a few months earlier. However, this is no time for owner/managers to be complacent and they would be wise to consider the following suggestions;
- Stepping back from the day to day operational management of the business and taking a more strategic view of the business and the operational context going forward
- Delegating authority to their managers, defining their roles clearly and making them far more accountable for their actions
- Taking decisive action to address employee under performance and absence issues
- Taking time out with the rest of the management team to hold an off-site strategic planning or ‘brainstorming’ session. Using this as an opportunity to review the last year (the successes, failures and ‘lessons learned’), the current operating market, opportunities (and threats!) and agree a SMART operational plan for the next year (or possibly longer!)
- Setting up an employee forum to identify ways in which the organisation can continue to improve its systems and the way that it operates. Rewarding employees for great suggestions!
- Identifying and rewarding those key employees who have shown loyalty and a willingness to work hard over the last year. This reward can be in the form of financial (actual e.g. pay rise, one-off payment or deferred e.g. equity, share options, year-end bonus, performance related pay), praise, training, work social event or possible promotion
- Carrying out appraisals and identifying training/coaching that will help the individual to carry out their role in a more flexible and efficient manner. There are a variety of Government grants available to fund training at all levels
- Giving a ‘state of nation’ address to all employees and sub contractors setting out the strategy for the next year and emphasising the important role that each individual plays in this plan
- Identifying those competitors who may be struggling and targeting their customers and ‘poaching’ their key people
- Being positive, but realistic about the future and ‘leading by example’
The recession may not be over yet, but a re-energised and focussed management team and workforce is likely to make the most of any opportunity that comes its way.
Finally a quote from Steve Jobs, the founder of Apple Computers;
A lot of companies have chosen to downsize, and maybe that was the right thing for them. We chose a different path. Our belief was that if we kept putting great products in front of customers, they would continue to open their wallets.
Should you require any help in planning or introducing any of the above suggestions, please contact me. Government grants may be available to fund certain projects.
Martyn Potter
HR and Strategy Consultant
PKF (UK) LLP
Mobile; 07768 937737
Email; martyn.potter@uk.pkf.com
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Employment Law...what's occuring? 
Proposals for a Temporary Workers Directive (“the Directive”) were first tabled by the European Commission in March 2002 and have been under consideration ever since. On 5 December 2008, the Directive was published and the UK has until December 2010 to implement the Directive into UK law.
On 8 May 2009, the Government commenced a period of consultation over the Directive in order to seek an agreement on the terms Directive.
On 20 May 2008, the Government, TUC and CBI reached an agreement under which agency workers would be entitled to equal treatment with permanent employees after 12 weeks' employment. In this context, equal treatment means that the agency worker will be entitled to at least the basic working and employment conditions to which they would have been entitled if they had been recruited directly by the Company.
It is suggested that, after 12 weeks, equal treatment might include holiday pay (and time off in relation to public and bank holidays); payment of overtime; shift allowances; unsocial hours premiums; and those bonuses which relate directly to personal and individual performance (for example, piece-work bonus), but excluding other forms of bonus (for example, profit share, share participation or car allowances). Occupational pension schemes would be excluded as they reflect the longer-term relationship between an employer and permanent staff.
The Association of Recruitment Consultancies (ARC), which was formed in March 2009 to represent recruitment firms' interests, disagrees with the 12-week qualifying period for all temporary agency workers and is calling for a two-tier system.
ARC's proposal is for a 12 month qualifying period for equal treatment where "non-vulnerable" workers are concerned. These are workers who earn one-and-a-half times the National Minimum Wage (such as, workers in the IT or financial management industries). The result would be a split qualifying period of 12 weeks for "vulnerables" and 12 months for "non-vulnerables".
ARC reports that its proposal has the support of the Institute of Directors representing some 50,000 directors and the Federation of Small Businesses representing 250,000 businesses.
However, it would appear that the Recruitment and Employment Confederation is not in favour of ARC's proposal, which it believes is "unworkable".
It therefore remains to be seen whether any amendments to the 12-week qualifying period will feature in the Government's legislative proposals following the consultation.
The Scope of the Directive: Who is Covered
The Directive will apply to any agency which supplies workers to a Company for temporary work (as opposed to an employment agency which finds permanent employment for individuals).
The 12-Week Qualifying Period
It is proposed that the 12-week qualifying period would start again if and when the agency worker starts a different role with the same Company. However, minor changes in responsibilities or job title would not have the same effect.
The Government is also proposing that, where the worker is undertaking the same role ("in the same job") with a Company, a short break between assignments should not mean that the 12-week qualifying period starts again.
It suggests setting a minimum break between assignments in the same job which would have the effect of breaking the service of the employee so the qualifying period would start again. It suggests one week would be too short.
Pregnant women and nursing mothers
The Government proposes to extend health and safety protections applicable to pregnant and new mothers who are agency workers to include:
(1) The right to a temporary adjustment of working conditions or working hours or the offer of suitable alternative work to remove any risk to their health and safety. This will include cases where the worker's GP or midwife provides a medical certificate stating that the worker cannot continue night work due to risks to her health and safety. The Government recognises that there may be costs associated with this, but anticipates that agencies could offer alternative work if a placement was unsafe.
(2) Where the employer has explored all the options but cannot find a way of removing the risk, the right to be suspended from work on full pay.
(3) The right to reasonable paid time off to attend ante-natal appointments recommended by a midwife or medical practitioner.
(4) The right to alternative work or suspension will continue as long as the woman continues to be employed or the risk has ended.
Liability for equal treatment
The Government has decided to make agencies solely responsible for ensuring equal treatment of its staff when they are placed with a Company. However, it is likely that agencies will be able to avoid liability if they can prove they have taken reasonable steps to obtain accurate information from the Company regarding an agency worker's equal treatment package. If the agency has done this in good faith, but the Company has failed to provide the agency with accurate or complete information, liability will pass to the Company.
Agency workers must be able to obtain sufficient information to decide if they are receiving their equal treatment rights. The Government proposes that agency workers who believe they are not receiving equal treatment may ask certain questions of an agency and this must be provided by the agency within 21 days. The Government is considering publishing a template as part of the guidance which agencies could use to respond to such requests.
Access to employment vacancies
The Directive states that temporary agency workers should be informed of any vacant posts within a Company to give them the same opportunity as other workers in that Company to find permanent employment.
The Government anticipates that Companies will have to:
(1) Display lists of vacancies where all permanent employees and agency workers would reasonably be expected to see them.
(2) Ensure that agency workers are included on circulation lists if vacancies are e-mailed to all permanent members of staff.
(3) Ensure that agency workers are told of the Company's recruitment arrangements when they start the assignments, including how often vacancies would normally be advertised and what the typical deadlines for applying are.
This right applies from the start of the assignment and is not subject to the 12-week qualifying period. The Government suggests that it should not apply in situations where a Company needs to redeploy surplus permanent staff in order to avoid redundancies.
Access to training
The Directive requires the UK to take measures to improve agency workers' access to training and child-care facilities in temporary work agencies, even in the periods between their assignments, in order to enhance their career development and employability.
The Government believes that it already complies with these obligations through existing information and guidance, the Skills Pledge and Train to Gain. It has invited views on how it can encourage greater use of those resources.
Dispute Resolution and Tribunals
The Government considers that, if a worker believes that they are not receiving equal treatment after the 12-week qualifying period they should first contact the agency. It is talking to ACAS about the possibility of pre and post-tribunal claims conciliation. The Government’s consultation closed on 31 July 2009. Government will now publish its response before undertaking further consultation on Directive.
Louise is an Employment Law Specialist at Taylor & Emmet LLP Solicitors. She has extensive experience in advising individuals and companies in relation to a wide range of employment law issues. Louise can be contacted on 0114 218 4297 or louise.conroy@tayloremmet.co.uk.
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Catch up with the latest from Benchmark's clients... 
MAIL MAGIC - The M.M team recently took part in the free exhibition at Doncaster Rovers Football club which turned out to be both a great and profitable day, attracting a couple of large contracts from companies I wouldn’t have otherwise met! So keep your eye out for that free exhibition space! www.mail-magic.co.uk
DIGITAL EXCHANGE - Local Technology Solutions provider Digital Exchange (Yorkshire) Ltd has named Daron Healy as their latest Client Account Manager. This most recent appointment coincides with Digital being awarded Swyx Silver Partner Status, and reaffirms Digital’s opinion that there are many business opportunities within our region despite media speculation. Daron Healy (pictured) who has joined Digital as a Client Account Manager brings with him a vast amount of experience from within the technology industry sector. www.thedigitalgroup.co.uk
KICKSTART -Kickstart has moved premises and can now be found at High Court Chambers, 24-26 High Court, Sheffield, S1 2EL. They would also like to shout out about their new patron - The Right Honourable David Blunkett. www.kickstartsheffield.org
DOMINO INTERIORS - After an extensive selection process Domino were appointed as the preferred partner to STA Travel for the refurbishment programme, working closely with the Design team and Project Managers to ensure the vision of the STA Travel team was effectively translated into the finished project on site. Involving a radical new look to the stores, the first refurbishment has recently been completed to the Devonshire Street store in Sheffield. www.domino-online.co.uk
BUSINESS DATA PROSPECTS - Business Data Prospects (BDP), a local B2B leads provider, are helping companies in South Yorkshire to increase business with their current recession busting file of 1,000 B2B key contacts in the region. If all businesses gain just 1 or 2 extra clients by taking advantage of this offer, for less than 10p per lead, the results will prove themselves by boosting the local economy. We can all take action together to build trade in the community and drive business forward together. This can be ordered online: www.businessdataprospects.com
MILLENIUM COPTHORNE HOTELS - Copthorne Hotel, Sheffield, which is based next to Sheffield United’s Bramall Lane football stadium, has received an AA merit of 79 per cent and one AA Rosette for its 1855 restaurant. Orla Watt, general manager at the Copthorne Hotel, Sheffield, said: “We are thrilled to have been awarded such a high AA rating. We recently appointed award-winning head chef, Daniel James, who has already earned three AA rosettes during more than a decade’s hospitality experience across the UK”. For more information or to book visit www.millenniumhotels.co.uk/copthornesheffield
WHIRLOW HALL FARM -This year’s Whirlow Hall Farm Fayre is going all Farmer Giles! As well as all the old favourite attractions on the day – Farmers Market, Craft stalls, Punch and Judy, Classic Cars, dog show and main ring entertainment – the Fayre is celebrating its 29th outing by going back to basics and at Whirlow that means farming. There will be pigs on display, demonstrations on how to trim a sheep’s feet, farm machinery to look at and lots more. Bridget Evans, Chief Executive of the charity explained why. ‘The charity is 30 years old and so we thought we should really concentrate on what the farm is all about. And to make the link with events from 30 years ago, we’ve even got a donkey derby!’ Why not support one of Sheffield’s favourite charities by going to this great day out. Whirlow Hall Farm Fayre is on Sunday 20th September from 10am – 4pm. For further info please visit www.whirlowhallfarm.org where you will also find details of their summer playscheme. This is suitable for 6 – 10 year olds for one week from 17th August.
GEMS HYGIENE - Sheffield’s Gems Hygiene is visiting local businesses to highlight simple steps they can take to keep swine flu at bay. Gems is demonstrating how easy it is to improve levels of basic hygiene in the workplace by highlighting two products that are proven to combat the virus. Sprint, a cleaner that has passed laboratory tests to confirm it kills 99.99% of the H1N1 influenza strain, can be used on all washable surfaces. Alcohol hand gel, Sani Hands, is also effective against swine flu. For further information about workplace cleaning products www.gemshygiene.co.uk
PROSPECT TRAINING - If you're looking at developing your workforce with real lasting benefits to your bottom line results, Prospect Training can help - with over 26 years experience of delivering training inside and outside the workplace they offer many qualifications and short courses aimed at improving the effectiveness and efficiency of products, processes and people. They include nationally recognised and accredited fully taught management programmes from team leader awards at level 2 to master’s degrees at level 7, City & Guilds Business Improvement Techniques qualifications and a range of NVQ and bespoke training packages to address a wide range of corporate needs. For further details visit www.prospecttraining.co.uk
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Dates for your Diary...
25th August: The Met Club
Barnsley Brooklands Hotel: 5.30pm - 7.30pm
www.themetclub.co.uk
27th August: JCI Pub Quiz of the Month
Venue TBC: 6.00pm onwwards
www.jcisheffield.org.uk / emma.gray@ashtonmortonslack.co.uk
2nd September: Pro Sheffield End of Sumer Pool Competition
The Common Room: 6.00pm onwards
www.pro-sheffield.co.uk
2nd September: Wednesday Lunch Club
The Wig n Pen: 12pm - 2pm
malcolm@platillos.co.uk
8th September: Sheffield Chamber Yorkshire Breakfast
Sheffield Wednesday Football Club: 07:30am to 10:30am
www.scci.org.uk
9th September: Sheffield Business Club Breakfast Event
Sheffield United Football Club: 7.15am - 8.30am
www.sheffieldbc.co.uk
17th September: Sheffield Chamber Networking After Hours
Halifax Hall: 5:30pm to 7:30pm
www.scci.org.uk
22nd September: The Met Club
Sylvesters (Leopold Sq): 5.30pm - 7.30pm
www.themetclub.co.uk
24th September: Pro-Sheffield Young Professionals Event
Venue TBC: 6.00pm onwards
www.pro-sheffield.co.uk
24th September: JCI Pub of the Month / Regional Debating Competition
Venue TBC: 6.00pm onwards
www.jcisheffield.org.uk / emma.gray@ashtonmortonslack.co.ukv
25th September: Neurocare racing event with British Super Championships' Racer Russ Danzey
PF International Circuit Grantham: 2.00pm for an afternoon of exhilarating racing and end with a track side meal and prize giving presentation. www.neurocare.org.uk / emma@neurocare.org.uk
4th October: Neurocare 4 Peaks of Edale Sponsored Walk
Edale Train Station: 10.00am - 5.00pm
www.neurocare.org.uk / emma@neurocare.org.uk
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Final thoughts from Benchmark...
Final Thoughts from Benchmark Director Louisa...
How time has flown since our last newsletter, back in May we were optimistic about the potential sunshine, but wondering if any of us would still be standing in 12 months especially if you overly listened to the news! I am delighted to report that despite the tales of redundancies, job cuts and growing unemployment we have had a record quarter for new job opportunities with over 66 new live jobs being recorded here at Benchmark in our last quarter. Is Sheffield in an employment bubble? Are the businesses of Sheffield keeping it more local? Who knows, but we are extremely busy and we are not complaining! We are in a fortunate position as we deal with organisations from across a range of industry sectors so can canvass opinion and obtain feedback relating to the general state of business here in our fair city. There is no doubt that some sectors have faced unprecedented challenges due to market forces beyond their control but it seems apparent that a positive and proactive outlook is a prerequisite for success; the ability to adapt and innovate, respond to changing customer requirements and the ability to deliver results seem to be the key factors to ensure your business will not just succeed but thrive during difficult trading conditions.
Some good advice we took heed of “fail to plan, plan to fail” Don’t sit like a lame duck, get proactive, get active and create a compelling future for you and your business. If you haven’t got the right people with the right attitude around you speak to us. If you can’t change the people, change the people. There has never been a more crucial time to make sure you have the right team around you all working towards a better, brighter future.
Louisa x