Two case studies in this issue on diversity-related initiatives at Kent Police and Leeds Teaching Hospitals prove that it is possible to combine equalities-legislation compliance, a desire to enhance workforce diversity and the achievement of business objectives.

This issue also focuses on:

• the use of psychometric testing in recruitment, particularly when it is delivered via the internet;
• Somerset County Council's stress and wellbeing initiatives; and
• how a district council boosted employee engagement.

On the pay front, we conclude our two-part in-depth analysis of trends in pay reviews with an analysis of private sector employers' pay decisions in 2007/08 and the prospects for the year ahead.

Our reward service has just been enhanced with the launch of XpertHR Job Pricing, which gives access to top-quality market pay data for customers who have participated in and subscribe to CELRE salary surveys.

In the employment law section we give full details of the Advocate General's opinion in the Heyday case about a complaint that the UK's default retirement age conflicts with EU law. There are also reports of cases relevant to time off for dependants legislation and constructive dismissal.

In our legal commentary, we ask whether or not the compromise between the CBI and TUC that paved the way for agreement on the Agency Workers Directive might be unworkable in practice, leading the EU to impose its default position of equal rights from day one for agency workers.

Neil Rankin,
Section Editor,
Employment Review

Survey: Employers' use of online and offline psychometric testing

The internet is now heavily used for psychometric testing, and many employers believe it compares favourably with other testing methods.

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Case study: Employability scheme fills NHS jobs and boosts diversity

An employability training scheme to help marginalised groups has helped Leeds Teaching Hospitals NHS Trust reduce recruitment difficulties and improve diversity.

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RELATED ARTICLES ON XPERTHR

Yell recruits through Second Life and online behavioural tests

Features

Agency Workers Directive: have the arguments just begun?

The UK has three years to implement the Agency Workers Directive, which gives equal treatment to agency workers. The planned qualifying period of 12 weeks must be agreed by the CBI and TUC, but are they really clear about which staff benefits should be excluded from the concept of equality?

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International news

EU: Commission welcomes UK deal on agency work

EU: Commission proposes new rights for the self-employed

France: Legislation proposed to boost earnings

France: Legislation will promote employment of older workers

Casenotes

The Advocate General's opinion in the Heyday case

In R (on the application of The Incorporated Trustees of the National Council on Ageing) v Secretary of State for Business, Enterprise and Regulatory Reform Case C-388/07, the Advocate General takes the view that a statutory default retirement age is not incompatible with EU law.

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Time off for dependants: Royal Bank of Scotland Plc v Harrison

The EAT holds that a disruption to the employee's childcare arrangements was unexpected. She was, therefore, entitled to take time off for dependants, and had suffered a detriment for doing so.

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Constructive dismissal: Claridge v Daler Rowney Ltd

The EAT holds that an employer's handling of its grievance procedure will amount to a repudiatory breach of contract only where this fell outside the range of reasonable responses.

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Model policies and documents

Worked examples: Termination due to long-term incapacity

Guidance on the circumstances in which an employee on long-term absence, who has exhausted all entitlement to sick pay, is entitled to be paid during the notice period where they are dismissed.

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Model policy: Shift swaps

Use this model policy to set out the process for staff to use when they agree shift swaps with colleagues. [full XpertHR subscription required]

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Model form: Shift swaps

The model form that employees can use to request shift swaps. [full XpertHR subscription required]

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RELATED ARTICLES ON XPERTHR

Legal timetable

Forthcoming law

Statutory rates

Quick reference

This week on the XpertHR/IRS blog

If you want to avoid punch-ups, harassment claims and other fall-outs from seasonal festivities, then take note of our work Christmas party law checklist.

Also with the law in mind, we have posted news on the following:

• Welsh-speaking employee wins race discrimination claim;
• religious belief discrimination alleged over pork products; and
• tribunal rejects "handling alcohol" discrimination claim.

Taking part in our IRS surveys provides a fast, free and easy way to benchmark your HR policies and practices against competitors and other employers. In return, you'll receive a complimentary copy of the relevant survey's findings. We are currently researching:

• filling vacancies through employee referral schemes;
• employers' stress management initiatives;
• national minimum wage: its impact and employers' views on it; and
• pay awards.

The IRS surveys website gives details of our benchmarking projects, a link to CELRE salary surveys, and a registration facility. This ensures that you will be invited to take part in surveys in your areas of interest.

Today's tip: XpertHR Job Pricing

XpertHR Job Pricing, powered by CELRE, provides access to top-quality market pay data for customers who have participated in and subscribe to CELRE salary surveys, enabling you to support your pay decisions and recommendations, and providing a cost-effective way to:

• set, monitor and manage your organisation's reward strategy;
• review salary and benefit levels for individuals or groups of employees; and
• fill job vacancies by setting salaries at the right level for each post.

As a subscriber and participant you get:

• access to our online job pricing tool to run queries using a range of parameters including job function, responsibility level, location and size of organisation;
• the ability to match your organisation's data against market norms;
• the ability to download search results and charts into Excel; and
• a downloadable PDF version of the full survey, including trends commentary.

Print all articles in this newsletter

This newsletter has a "print all" button. Before pressing it, please be aware that this uses a lot of paper. Recent editions have run to 170 pages, and others may be longer in future. For the sake of the planet and your toner cartridge, consider whether or not you need to use it. If you press "print all", this will send to your printer all articles linked from the newsletter. It will not print chapters of the employment law reference manual or blog posts. Print all articles.

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