www.blackadders.co.uk

Valuing Diversity is not about
cancelling Christmas…
A
s the end of 2006 approaches I find myself reflecting
on another year in the world of diversity consultancy.
discrimination legislation for some time, over 35% of
current discrimination claims are related to age.
Media coverage and political debate has continued to
keep diversity on the agenda for both the general
public and the business world this year. From the
Church of England School
accused (unsuccessfully) of
religiously discriminating
against a Muslim teaching
assistant by asking her to
remove her veil in the classroom; to British Airways
plan to review its uniform policy in light of the public
debate and response to a member of staff being
banned from wearing a Christian cross on display at
work. Even very recently I heard suggestions that
Christmas decorations should be banned from offices
because they could be religiously discriminatory.
Many would say this is political correctness gone
too far.
On top of the age legislation we have the equality
duties extending in the public sector and the expansion
of rights and entitlements for parents and carers. All
great steps forward
legislatively but are our
beliefs and behaviour
changing as a result? This
has also been the year
where I have had an alarming number of workshop
participants admit they fear the ‘difference card’ being
pulled. For example, a line manager admitted he had
not tackled a team member’s poor performance record
because that team member happened to be black,
and he feared the repercussions of being accused of
being racist. We cannot afford to let fear of the law
create this kind of reverse discrimination.
This has also been a year of many legislation milestones
and with the UK finally making age discrimination
illegal in October we have the first piece of legislation
that relates to every single one of us as we transition
through the stereotypes of being young, middle aged
and older. But the debate over ‘ageist’ words could
be in danger of losing credibility for the legislation.
Take the talk of ‘young and dynamic’ being an
inappropriate term for a recruitment advert. ‘Young’
I can understand but can we not be ‘dynamic’ when
we’re older? Or will I have to change my company
name to avoid causing offence?! On a serious note,
case law will of course shape how we interpret this
milestone legislation but it makes quite an impact to
hear that in other countries who have had age
The challenge is obviously not just to recognise
differences but to keep working at truly understanding
different perspectives. There is no doubt that diversity
remains a hot topic and if I am ever challenged about
the ‘Political Correctness’ of it all, then I say that for
me PC = Polite Consideration.
On one level Christmas might be a Christian celebration
but if we acknowledge that and equally honour and
respect other important religious and cultural festivals
throughout the year then surely we can all celebrate.
Di Airey
Diversity Dynamics Ltd.
www.diversity-dynamics.co.uk
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Chair’s
Welcome
Get
on-line
The Mid Scotland Branch website has
details regarding forthcoming events,
contact details for Branch committee
members, local education centres and
information offering support for CPD
and upgrading. You can access the
website via the main CIPD website at
www.cipd.co.uk/branches
Ron Sk
ea
Branch –
Chair
Good grief, I can’t believe that’s another year in already.
It’s been a busy year for the branch and I guess this is one
reason time has flown.
Most importantly, we’ve organised another varied
programme of events. This year however, we have decided
not to print an annual programme but instead to use the
newsletter to publicise events. So you will find in this issue
a list of forthcoming events. These have been planned in
response to feedback from members and so I hope as many
of you as possible will take the chance to indulge in
some CPD.
Talking of CPD, the branch continues to run upgrading
clinics for members planning to upgrade to chartered or
fellow status. There has been a good attendance and it is
encouraging to see people gaining the recognition they
merit. However, there are still a lot of members in the
branch area sitting on the wrong membership grade.
Upgrading is a much easier process than many people
think and I would urge those members such as graduates
who now have well over the three years experience required,
to take the chance to upgrade to chartered member status.
Remember that only chartered members and above are
allowed to use the letters after their name. I sit on the
national upgrading panel and we often have applications
from members desperate to get their upgrade through
because they are applying for a new job and find that
employers are now looking for chartered members. So
don’t wait to the last minute – if you qualify for an
upgrade, get your application in. Martin Dowling (ViceChair) or I are qualified to give advice on your application
so feel free to contact us for a chat. The process is very
straightforward and should take no more than a couple
of hours to complete the paperwork.
Contributions
WELCOME!
The next issue of MidPoint is due in March 2007.
Contributions from members are always welcome.
The deadline for copy is 13 February 2007. Articles
should be a maximum of 400 words and sent to
Pamela Shedden at midscotlandbranch@cipd.
freeserve.co.uk in a word document by the above
date. Photos are always welcome too.
If you would like to advertise in the newsletter
please contact Pamela Shedden for further details.
MidPOINT
Regards
Ron Skea
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2
Making Surveys
Count
John McTrusty, Director of QuestBack Scotland, discusses the ways in which organisations can ensure positive
outcomes from employee surveys.
process easier, it is sensible to use an electronic survey
that incorporates a ‘follow-up’ functionality in its system,
allowing more information to be gathered whilst ensuring
anonymity.
Poor employee morale and motivation can have a devastating
effect on an organisation’s efficiency, performance,
profitability and, ultimately survival.
Many organisations carry out employee satisfaction surveys
annually or more frequently. But how do they ensure that
this will add real value to employees and to the organisation?
Many employees are suspicious of management motives
in commissioning such surveys and some have a cynical
view that nothing will change as a result of the survey.
It is essential that businesses bridge this gap between asking
and acting, in order to ensure that employees develop a
positive impression of the success of these exercises.
It is important to alert staff promptly of the findings that
are relevant to their particular role or department. This
should include an open and honest breakdown of the
businesses strengths and areas for improvement. Along
with the survey findings, the action the company plans to
take to act upon the result be included.
Once the survey results are distributed, a more detailed
action plan must be created to decide which areas are most
important to the employees and how best to improve those
areas. It may be effective to ask individual line managers
to action improvement processes. Alternatively, involve
employees in the process by making them part of focus
groups to discuss how best to act upon the findings. This
will also help to create employee trust in the organisation,
and will produce meaningful outcomes.
The analysis of the survey data should be conducted as
soon as possible after the information has been compiled.
If there is a long time lag between conducting the research
and producing results, employees can lose interest and
become impatient. If, on the other hand, results and
conclusions are produced quickly, employees will feel their
views are valued and worthwhile. Collecting the data
electronically can help speed up this process, ensuring
prompt results and instant feedback.
If your survey has been well designed and thought out,
properly implemented and the results acted upon quickly,
you should be well on the road to having a happy contented
workforce as well as a more profitable organisation!
Sometimes the analysis of the data renders it necessary to
drill a bit deeper into the respondents’ answers to find out
what issues might be underlying an answer. To make this
CIPD MidScotland
Special Interest
Our SIG was formed and supported
by the Branch to help meet the needs
of our many self-employed members.
Initially about 25 of us gathered
monthly in Perth and worked round
the accustomed format of a Speaker,
buffet and general chat. People realised
that time is one of the most precious
commodities of the self-employed and
we felt that this did not suit.
Eventually we settled on a very relaxed
and paper-free model. Several of us
accepted the role of Chair for six
months and we had a shadow to take
over at the end of our time. We moved
the venue around the centre of the
MidScotland area to make it easier for
people to come.
In general, SIG members are more
concerned with business issues rather
than HR per se – after all it is our
business to keep up to date with
professional leading edge – and
marketing, accounting and networking
seem to be what we have still to learn.
The group was particularly valued by
CIPD members who are new to selfemployment and the challenges of
working without a back-up team.
However, numbers continued to fall.
Evenings for the self-employed HR
specialist are frequently taken up with
travel, preparation, and book-keeping;
and staying in contact with the family.
Alan Murdoch did a grand job of trying
to keep our SIG together for far longer
than his allotted six months but,
realising the costs to Branch of the
buffets, decided that the costs
Group (SIG)
outweighed the benefits to the very
few who continued to attend.
We would love to keep it going but
obviously we still have to find out
what would make it a functioning and
vibrant group? It is more obvious to
see the benefits for those who are
considering starting their own
consultancy or who are still establishing
themselves. Those of us who have
been in business for ourselves for
some time need to see meeting up as
a useful exercise.
If you are interested in getting involved,
please contact Alan or myself.
Alan – [email protected]
Joan – [email protected]
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3
A word from our
sponsors!
BLACKADDERS
With clear vision, we have built lasting relationships
with clients who benefit from the developed expertise
of specialist departments offering professional,
tailored advice.
Dedicated to meeting
clients’ legal, property
and financial
challenges,
Blackadders has
established and
maintained a reputation as a provider of service
of consistent quality in a constantly changing
environment.
Employment law is like hot steam – potentially
dangerous to touch and difficult to see through.
Blackadders have the biggest, busiest and most
highly rated employment law team in Dundee and
Tayside. We are accepted experts in this area of law.
Employment law is complicated, challenging and
ever-changing for employers and employees and
we can act for both. Our experience suggests that
in employment disputes, the party who is better
advised and better prepared usually wins.
Our commitment to satisfying client requirements
has resulted in strong client retention over the years
and continues to attract those for whom
professionalism with personality is of paramount
importance.
Welcome
to Partnership Focus
Well, I am now a few months into
my role as Chair and a lot of my early
efforts have been on forging links
between the Scottish Partnership and
other professional bodies and
organisations. In recent months this
has involved meeting representatives
from organisations as diverse as the
Chartered Management Institute, the
Lowland Reserve Forces’ and Cadets’
Association, and the Chartered Institute
of Builders. The key aim of all this
activity is to raise the profile of HR
and awareness of the CIPD. In
addition, where opportunities arise,
we are looking at the possibility of
joint events and activities that would
be of interest to members.
We held our annual Strategy Day in
St Andrews at the end of September
at The Gateway, St Andrews
University. The event was kindly
hosted by the School of Management.
The day provided an opportunity for
committee members from all four
Scottish branches to come together
with the Partnership post holders to
share information and agree priorities
for the year ahead. Our key priorities
this year are:
• to ensure we continue to add
membership value through the
three Scottish Partnership
conferences (with branches
continuing to add value through
their branch events)
• to increase our profile with external
organisations (as mentioned above)
as well as the Scottish Parliament
• to continue to connect much of
the great research going on within
Scottish educational institutions
with the practicalities of delivering
an HR service. With this in mind,
we are looking at adding a fourth
conference to our calendar in
2007 with our first Knowledge
into Practice Conference. Look
out for more on this exciting
development in a future
Partnership Focus.
I look forward to updating you on
plans for our other conferences in
the next Partnership Focus: the
Student Conference on 24 February;
and of course the annual Scottish
Conference at Dunblane on 15 - 16
March (as a sneak preview let me
just say that the three keynote
speakers will be former MI5 Chief
Dame Stella Rimington, motivational
guru Robin Sieger, and Richard
Worsley from the Tomorrow Project
– a very exciting line up!).
If you would more like information
about the work of the Partnership
please contact our Development
Executive, Lesley Naylor –
[email protected]
Karen Lally, Chair
CIPD Scottish Partnership
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4
Age Discrimination – What
you
need to
know
employer can require employees to retire at or after that
age provided adequate notice is given. This means not
less that 6 nor more than 12 months’ notice. Employees
must also be advised of their right to request to carry on
working. Provided the correct procedure is followed,
there will be a fair dismissal by reason of retirement.
Sandy Meiklejohn leads the
employment team at
Blackadders. He is a high
profile figure in employment
law circles throughout the UK.
He sits as a part time
Employment Tribunal
chairman, and is recognised
for his wealth of employment
law knowledge. Sandy, in
conjunction with other
members of the team, provides
advice on a wide range of
employment law issues to a wide range of clients,
principally employers including a number of public
bodies. Here, Sandy speaks about the recent Age
Discrimination changes:
6. Can the employer give less notice?
Yes, so long as at least 14 days’ notice is given prior to
the retirement date. In this case however, the onus is on
the employer to prove that the reason for dismissal is
retirement so the dismissal will not be automatically fair.
In addition the failure to give at least 6 months’ notice
can result in a claim by the employee and an award of
8 weeks’ pay.
7. What about employees who reach 65 shortly after
1 October 2006?
There are transitional provisions which apply until 1 April
2007. Under these provisions the employer should give
the employee contractual or statutory minimum notice
(Subject to a minimum of 4 weeks) and should advise
the employee of the right to request to carry on working.
With the coming into force of the Employment Equality
(Age) Regulations 2006, discrimination on the grounds
of age became unlawful on 1 October 2006. These are
some of the commonly arising issues for employers:
1. How does this affect job adverts?
In general terms adverts should not specify a preferred
age range and words like ‘young’, ‘dynamic’ or ‘mature’
should not be used. Specifying a requirement for
experience will be acceptable if it can be justified but
specifying a minimum number of years’ experience should
be avoided.
8. What if the employee submits a request to carry
on working?
The employer must invite the employee to a meeting to
discuss the request, but there is no obligation to grant
the request.
2. Should applicants be asked their date of birth?
Contrary to popular belief it will not be unlawful to ask
applicants to state their date of birth, but there is a risk
that this may be used as evidence of alleged discrimination
by an unsuccessful applicant.
9. What if the employer’s current normal retirement
age is under 65?
A retirement age below 65 would need to be justified.
The general view amongst employment lawyers is that
this will not be easy for employers to do. Where the
employer currently has no normal retirement age, the
regulations introduce a default retirement age of 65.
3. What about training?
You cannot treat employees differently in respect of
access to training because of their age, unless this can
be justified. You could probably justify not sending an
employee of 62 on a two year training course, but you
would struggle to justify not providing an employee of
55 with IT training. Stereotype assumptions, e.g. that
older people are less computer literate are dangerous.
10. So can employees over 65 safely be dismissed?
If the correct procedure described in point 5 is followed,
a retirement dismissal will be fair. If that procedure is not
followed the onus will be on the employer to show what
the principal reason for dismissal was. Retirement becomes
one of the potentially fair reasons for dismissal.
It will inevitably take time for employers to become
familiar with these Regulations and, as with the statutory
dismissal and grievance procedures, mistakes will be
made. It has been estimated that the Regulations will
generate 8,000 Employment Tribunal claims in their first
year of operation. If you are in any doubt about how
these Regulations affect you, speak to the Blackadders
Employment Law Team.
4. …Or promotion?
This should be based on merit and not seniority. You
would struggle to justify not promoting someone who is
worthy of it just because he / she will have to line manage
people who are older.
5. Do employees still have to retire at 65?
If 65 is the employer’s normal retirement age, then the
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5
Group
Round-up
Fife Group
through People Award for its approach to people
development. Demonstrating its commitment to learning
throughout the firm with its innovative in-house
college, Pagan Academy, staff no matter their role or
career stage, are given the opportunity to enhance
their skills.
Since our last Roundup
report we have hosted
an event called ‘Health
Improvement in the
Workplace’ on
11 October 2006. Led
by Shirley Ballingall of
Healthy Working Lives, the aim of the highly
participative session was to raise awareness of what
health improvement is in relation to workforce
development. This event was held at Dunnikier House
Hotel and was attended by 16 delegates.
This event will be held at the Rotunda, Stenton Campus,
Adam Smith College, Glenrothes. If you require any
further information, please contact Helen Scott on
[email protected]
Lorraine Carruthers, Fife Group Joint Chair
Forth Valley Group
Shirley gave a presentation which explained the
Healthy Working Lives Award (you may have known
it better as SHAW), highlighted national health priorities
in relation to employee health (eg reduced stress and
smoking) and importantly, outlined some of the things
employers can do to help staff improve their health.
‘Wringing Out the Wet Blanket’ with Claire Brattey of
Burness at Dunblane Centre, 28 September 2006.
Shirley then asked participants to give examples of
health promotion activities from their current workplaces
which included the following – Health and Fitness
Week, Sports Competitions, Healthy Options at
canteens, Occupational Health specialist, Employee
Counselling, Drink / Drugs and Smoking policies,
Mental Health policy, access to water dispensers,
Smoke Cessation courses and employee membership
of a prestigious health club.
If anyone wishes a copy of the slides from this event
please email [email protected]
Claire gave us an entertaining and informative evening
on employment law in the real world. She covered
issues as diverse as the hidden traps of staff parties
to a filmed case study on post-natal depression.
One for the future and a date for your diary
The next Fife hosted event will be on 28 March 2007.
This event is called ‘Chief Executives need HR?’ The
Managing Partner of Pagan Osborne (Business Lawyers),
Alistair Morris will lead on the role HR could and
should play within organisations. Pagan Osborne have
won a number of prestigious business awards including
the Law Awards of Scotland, the National Business
Awards of Scotland and the Daily Mail Property Awards,
Pagan Osborne continues to mark its outstanding
progress to become Scotland’s leading legal, financial
and property specialist.
Topically, we had a quiz on immigration concerns
and what we should be doing in HR to prevent
discrimination – focusing on work permits, recruitment
agencies and recognising equivalent qualifications.
The evening was lively – we had an excellent buffet
– and members had so many questions that we had
to halt the evening almost in full flow to let Claire get
home!
Joan Sumner, Forth Valley Chair
Pagan Osborne was also successful at The National
Business Awards collecting the Business Improvement
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6
CIPD
Conference
I was delighted to substitute for Ron
Skea, our Branch Chair, at the CIPD
Council AGM and this year’s annual
conference in Harrogate.
Never having attended the Conference
before, I felt a little like the new kid
on the block and was very relieved
to see an old friend from Aberdeen
when I arrived at my designated hotel.
The pace was unrelenting – so much
to do and so many people to see.
Luckily I was taken in hand and
guided round the various receptions
and dinners to which, as a Council
representative, I was invited. Apart
from Scottish Partnership members,
there seemed to be very few people
from Scotland. Luckily, Julie Preston
from the Scottish Prison Service
College was someone that I bumped
into frequently at various sessions.
I attended all my chosen talks except
one when the lure of a walk in the
fresh air became too strong! The
exhibition was enormous and a bit
confusing both in itself and as a
conduit to the various lecture halls
and venues. I was hoping to talk to
someone about projectors and cine
cameras but could not find a provider
of hardwear.
The Speakers that I enjoyed most
were:
Keep in
– Harrogate October 2006
• Nitin Nohria from Harvard
Business School, who had a new
take on human drives that is an
interesting variation on motivation
to improve productivity, innovation
and job satisfaction. His latest book
is ‘What Really Works: The 4+2
Formula for Sustained Business
Success’.
• Professors Rob Goffee and
Gareth Jones did a great double
act on ‘Why Should Anyone be
Led by You?’ identifying pragmatic
ways of adapting behaviour to
influence others.
• Marcus Buckingham talked
about ‘What Great Managers Do’
with style and verve. I suppose
that I enjoyed him so much
because he reflects my personal
belief that we spend too much
time trying to fix our failings and
too little time maximising our
strengths. His latest book is ‘The
One You Need to Know’.
• Remember to take business cards
and put the date on the back so
that people remember where they
met you
• Include other people in your
‘between session’ chats – there will
be a lot of people standing on
their own looking slightly
uncomfortable
• Go to the ‘baked potato’ lunches
– they are uninspiring but free,
quick and another opportunity to
network
• Book hotel accommodation quickly
so that you are within walking
distance of the Conference and
restaurants in the centre
• Carry a bottle of water and a snack,
especially in the afternoon when
wine is available at the end of the
day but dinner can be a long
way off.
• Try to go with a colleague so you
have someone to meet up with
after you go to different sessions
Why not suggest that attendance at
your Institute’s annual conference be
your personal development allocation
for the next two years? You don’t
need to go every year but the
experience is worth while so long as
you make it work for you.
• Smart casual is the look
Joan Sumner
General survival tips if you manage
to go to next year’s conference:
touch
If you would like to receive e-mail updates and reminders for Branch activities please contact Pamela Shedden
at [email protected]
We currently have approximately 480 members in our e-mail address book. In accordance with CIPD Data Protection
guidelines if you wish to continue receiving, or indeed begin to receive, reminders of events and other Branch,
Group or Scottish Partnership activities please inform me as I will be establishing a new up to date members email address book. All members who have informed me since September that they wish to continue receiving
reminders do not need to do so again. Your details will be held in strict accordance with Data Protection guidelines.
Please note that although you may have already passed your e-mail address onto CIPD headquarters, as your local
Branch we do not have access to this information.
Go on – register today!
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7
EVENTS
Diary
Branch members and guests are welcome to attend any of the Branch events, however it would be greatly
appreciated if you could remember to e-mail or telephone the Branch Administrator or event organiser to confirm
your attendance so that refreshments etc can be organised. This also helps when occasionally events have to
be cancelled due to unforeseen circumstances, if we know you will be attending we can let you know.
[email protected]
JANUARY 2007
MARCH 2007
Thursday 11 January
Wednesday 7 March
CPD / Upgrading Workshop
Scottish Information Commissioner – speaker
Sarah Hutchinson, Head of Policy and Information
Venue
Time
Contact
Email
BLCC, Lauder College Dunfermline
6.00pm for 6.30pm
Pamela Shedden
[email protected]
Wednesday 31 January
Employment Law Update (Part 1) – speaker
Toni McAlindin, Employment Law Specialist
Venue
Time
Contact
Email
BLCC, Lauder College Dunfermline
9.00am for 9.30am
Pamela Shedden
[email protected]
FEBRUARY 2007
Details of the following event will be circulated in the
New Year
SFE Unit Drama Workshop
Venue
Time
Contact
Email
Venue
The Boardroom, School of Management,
The Gateway Building,
University of St Andrews
Time
6.00pm for 6.30pm
Contact Martin Dowling
Email
[email protected]
Tuesday 13 March
CPD / Upgrading Workshop
Venue
Time
Contact
Email
Hilton Hotel, Dundee
6.00pm for 6.30pm
Pamela Shedden
[email protected]
Wednesday 28 March
Chief Executives need HR? – speaker Alistair
Morris, Managing Partner, Pagan Osborne
Venue
Adam Smith College,
Stenton Campus, Glenrothes
Time
6.00pm for 6.30pm
Contact Helen Scott
Email
[email protected]
Tayside
6.00pm for 6.30pm
Martin Dowling
[email protected]
Putting the Law into Practice (Part 2) – speaker
Annie Leaver, Managing Director, Black and White
HR Solutions (International) Ltd
Venue
Time
Contact
Email
BLCC, Lauder College Dunfermline
1.30pm for 2.00pm
Pamela Shedden
[email protected]
Chartered Institute
of Personnel and
Development
CIPD Mid Scotland Branch
Incorporated by Royal Charter Registered Charity No. 1079797
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Wednesday 28 February