HR in Pharma Networking Event - Fiona Coombe

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Quality Standards in Recruitment Fiona Coombe, Director of Professional Services Recruitment & Employment Confederation

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HR in Pharma Networking Event - 25th June 2010 - Guest Speaker - Fiona CoombeFiona Coombe covers the quality standards and code of conduct that HR/Recruiters should expect from their recruitment partners followed by Q&A.

Transcript of HR in Pharma Networking Event - Fiona Coombe

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Quality Standards in RecruitmentFiona Coombe, Director of Professional Services

Recruitment & Employment Confederation

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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

© REC Copyright 2010

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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

© REC Copyright 2010

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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

© REC Copyright 2010

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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

© REC Copyright 2010

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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

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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

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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

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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

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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

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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

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Standards in RecruitmentOther relevant laws:

Data Protection

Right to work checks

Criminal record checks

Diversity & equality

Health & safety

Advertising and direct marketing

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Standards in Recruitment

Vetting & barring scheme

Equality Act 2010

Agency Workers Regulations 2011

© REC Copyright 2010

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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

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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

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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

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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

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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

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Questions

© REC Copyright 2010

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