HR in Pharma Networking Event - Fiona Coombe
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Transcript of HR in Pharma Networking Event - Fiona Coombe
Quality Standards in RecruitmentFiona Coombe, Director of Professional Services
Recruitment & Employment Confederation
What is REC?
REC is the largest trade association representing the private recruitment industry in the UK
8000 recruitment businesses in membership comprising around 60% of the UK turnover of this £22billion industry
5500 recruitment professionals in membership of our Institute of Recruitment Professionals
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What is REC?
REC members sign up to a Code of Practice and IRP members to a Code of Ethics
These are underpinned by a Complaints and Disciplinary Procedure with sanctions administered by the wholly independent Professional Standards Committee
REC members submit to inspections and self-assessments and can sign up for more comprehensive audits
We award qualifications, the Certificate and Diploma in Recruitment Practice, and run over 30 training courses
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What is REC?
REC provides its members with free legal advice and business consultancy services ranging from a start up package to performance coaching
We deliver the DFE Quality Mark scheme auditing supply teacher agencies in England and Wales
We encourage members to sign up to the Diversity Pledge developed in conjunction with Jobcentre Plus in 2005 to show commitment to diversity in recruitment
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Standards in Recruitment
Employment Agencies Act 1973
Conduct of Employment Agencies and Employment Businesses Regulations 2003
Enforced by the Employment Agency Standards
Inspectorate of the Department for Business Innovation
and Skills they have power to inspect premises and
records and prosecute breaches of the law resulting in
fines of up to £5000 or a ban
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Standards in Recruitment
The law prohibits recruiters from
charging work-seekers for work-finding services
Subjecting a worker to any detriment for terminating a contract or taking up work elsewhere
Supplying temps to replace striking workers or workers who have been transferred to fill the job of a striking worker
Standards in RecruitmentIn respect of hirers the law obliges recruiters to
Agree terms before providing temps
Obtain consent to advertise any position on behalf of a hirer and state if it is temporary or permanent
Obtain basic information about a temp and confirmation of suitability before introducing them to the hirer
Confirm that candidates and temps are willing to work in the position
Confirm details of the position the hirer seeks to fill and pass this information to the worker
Standards in Recruitment
In respect of hirers the law obliges recruiters to
Inform the hirer if they have information that gives reasonable grounds for believing that a worker supplied or introduced is or may be unsuitable
Keep records
Provide the option of an extended period of hire instead of paying a ‘transfer fee’ i.e. a fee for taking a temp on permanently or through another employment business
Standards in Recruitment
REC Code of Professional Practice and Code of Ethics
Principle 1 – Respect for Laws
Principle 2 – Respect for Honesty & Transparency
Principle 3 – Respect for Work Relationships
Principle 4 – Respect for Diversity
Principle 5 – Respect for Safety© REC Copyright 2010
Standards in Recruitment
REC Code of Professional Practice and Code of Ethics
Principle 6 – Respect for Professional Knowledge
Principle 7 – Respect for Certainty of Engagement
Principle 8 – Respect for Prompt and Accurate Payment
Principle 9 – Respect for Ethical International Recruitment
Principle 10 – Respect for Confidentiality and Privacy© REC Copyright 2010
REC Professional Standards
920 complaints in 2009: 40% against members, 16% against non-members, 33% general enquiries, logo misuse and scams, 11% other20% from temporary workers & 24% from permanent candidates; 15% from hirers12 formal investigations: 1 reprimand, 1 compliance order and 1 expulsion14.5% of complaints attributable to a sector from the healthcare sectorCommon complaints include unprofessional conduct, non-payment for temps and contractual issues
Standards in RecruitmentOther relevant laws:
Data Protection
Right to work checks
Criminal record checks
Diversity & equality
Health & safety
Advertising and direct marketing
Standards in Recruitment
Vetting & barring scheme
Equality Act 2010
Agency Workers Regulations 2011
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SafeguardingVetting & Barring scheme intended to protect children and vulnerable adults by stopping those who pose a known risk from working with them under review
It remains a criminal offence for barred individuals to apply to work in a wider range of posts than previously
Employers still face criminal sanctions for knowingly employing a barred individual across a wider range of work
Two barred lists administered by the Independent Safeguarding Authority can be checked with an enhanced CRB check
Employers, LA’s professional regulators and inspection bodies have a duty to refer to ISA information where an individual has caused harm or posed a risk
Equality Act 2010
Direct discrimination and harassment extended to include “associative” and “perceptive” cases i.e. discrimination on the basis of persons with whom the claimant associates or a perceived characteristic of a claimant
Permits positive action to enable persons with a protected characteristic to overcome or minimise a disadvantage
Prohibits pre-selection health checks
Provision for indirect discrimination in equal pay claims
Limitation of pay secrecy clauses
Pay reporting to identify gender pay disparities
Agency Workers
A right to the same basic pay and employment conditions as the worker would have been entitled to had they been recruited directly by the hirer to do the same job
After 12 continuous calendar weeks in the same role with the same hirer
Individual workers supplied PAYE or through a limited company except those genuinely in business on their own account
Basic pay: pay plus overtime and shift allowances, unsocial hours premiums
Excluding occupational benefits: bonuses, pension, sick and maternity
Agency Workers
Entitlement to contractual holiday pay above statutory 5.6 weeks
Organisational pay scales, contractual terms and collective agreements will apply
If no pay scales or collective terms then a comparator may be used
Right to paid time off for ante natal visits
12 week qualifying period allows for up to 6 weeks break between assignments, annual leave, sick leave or time off for public duties
Liability rests primarily with the agency unless it has taken reasonable steps to obtain relevant information from the hirer or reasonably interpreted such information
Agency Workers
Access to information about vacancies from day one
Access to collective facilities such as creche and childcare facilities, canteen and transport subject to objective criteria being met
Excludes ‘perks’ such as travel loans, gym membership
Rights do not apply to employees of an agency paid between assignments at least 50% of the pay in their previous assignment
1st October 2011
Questions
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