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Advertising the job
As with any advertising； you are governed by the laws on discrimination
and equal opportunities。 That means that any reference to gender； age；
nationality； sexual orientation or religion is not permi。。ed。 You can still
describe the job and the ideal candidate in terms of their experience； knowledge；
a。。itude and qualifications。 For tips on the sentences you can use；
visit VizualHR （oneclickhr 》 HR Guide 》 Recruitment &
Selection 》 Recruitment）。 The basic information； tips about the applicant；
the organization； the job and the job package are free and very adequate；
you have to subscribe for fuller information。
Contracts of employment
Employers are required to give employees a contract of employment within
two months of their starting work。 The contract has to contain all the
obvious things such as where the job is to be； what the responsibilities are；
pay； holiday entitlement； as well as details on sick pay； pension； period of
notice and the grievance and disciplinary procedure。
Business Link （businesslink。gov。uk 》 Employing people 》
Paperwork 》 Create a wri。。en statement of employment） has an interactive
tool to create a document of everything you are required by law to give a
new employee。 The law requires that all workers have a statutory right to
at least four weeks’ paid annual leave； pro rata for part…timers； that you
184 The Thirty…Day MBA
pay the statutory minimum wage； dependent on the age of the employee；
that they work within the working time limits （48 hours a week）； and that
parents are entitled to periods of paid leave when they have children （up to
52 weeks for women and one or two weeks for men）。
Employment records
Employers must maintain records on employees； keeping note of absences；
sickness； disputes； disciplinary ma。。ers； accidents； training； holidays and
any appraisals or performance reviews。 If you have an unsatisfactory
employee and want to dismiss them； this information will be vital。
OyezWaterlow （oyezwaterlow。uk 》 HR Paper Forms） has a record
keeping system priced at ￡78。95。
So。。ware such as that provided by Vizual Management Solutions （
vizualms。uk 》 Personnel Manager） will cost several times that of the
paper version and for most small businesses will add li。。le value。 If you can
write a simple database program using so。。ware such as Access then that
is worth exploring。 If you keep records on a puter you will need to be
mindful of the Data Protection Act as it applies to employee records。 You
can get that from the Information missioner’s Office （ico。gov。uk
》 For organizations 》 Data protection guide）。
Safety at work
Employers have a ‘duty of care’ to ensure that anyone working for you
is working in a safe environment and is not exposed to possible health
and safety hazards。 You need to make an assessment of risk and working
conditions covering everything from fire exits to ensuring that ventilation；
temperature； lighting and toilet facilities meet health and safety
requirements。 The Health and Safety Executive （hse。gov。uk 》
Businesses 》 Small businesses） has ready…made risk assessment forms and
a basic guide to health and safety at work。
Unfair dismissal
Although it’s the handful of cases usually brought by City workers that grab
the headlines； some 180；000 unfair dismissal claims are filed with tribunals
each year： 40；000 of those proceed to a hearing and just under half of those
are won by the employee； with the average claim being se。。led for ￡5；000。
Employers who have been through the process say that it’s the stress and
administrative burden rather than the se。。lement itself that is of greatest
concern。 You can find a list of fair reasons for dismissing an employee on
Monster’s Employment Law （wwwpactlaw。uk/monster/empf9。
html）。 Also Iambeingfired （iambeingfired。uk 》 Claim Evaluator）
Business Law 185
is worth examining as it gives the employee’s side of the argument。 The
Claim Evaluator Tool takes an employee through a series of questions to
see if they have a case for unfair dismissal； which could be useful as MBAs
are o。。en high on the casualty list during restructuring or a。。er acquisitions。
The site also has prehensive information on all aspects of employment
law that impinges on the likelihood of being dismissed。
INTELLECTUAL PROPERTY
The holy grail of petitive business strategy is to have a product or
service with sufficient unique advantage to make it stand out from others in
Societé Générale； the French bank； reported a trading loss of �4。9 billion
on 24 January 2008 after liquidating �50 billion in what the bank says
were unauthorized futures positions taken by a relatively junior trader；
Jerome Kerviel。 The bank claims that Kerviel forged documents and
e…mails to suggest he had hedged his positions。 But Kerviel insists that
his bosses at SocGen； as the bank is generally known； must have been
aware of his massive risk taking； and turned a blind eye as long as he
was making money for the bank。
Kerviel plans to file a plaint for unfair dismissal and extract
pensation from his employer based around three points of defence。
First； Societé Générale appears to have terminated his contract without
a face…to…face meeting； as is required by French labour laws。
Second； the bank’s losses may only have occurred while unwinding
Kerviel’s positions in January 2008； during what was an unprecedented
period of global stock market turbulence。 This situation makes it unclear
exactly how much responsibility Kerviel bears for the total losses。
Third； he had no obvious motive and seems to have made no personal
profit from his trades。 In fact his behaviour has made him a folk hero in
France； with over 150 Facebook groups showing an interest in his fate。
His chances of success in an unfair dismissal case look at least fair。 In
April 2007； Laura Zubulake； 44； won ￡15。5 million from UBS in New York
after a male executive said she was fired because she was ‘old and
ugly and she can’t do the job’。 Three years earlier； Elizabeth Weston
received a ￡1 million settlement from Merrill Lynch over a colleague’s
‘lewd’ ments over a Christmas lunch。
Although Kerviel’s actions put him at the top of the ‘rogue trader’ list；
he is unlikely to head the unfair dismissal stakes。 That title is likely to go
to six women； five female employees in New York and one at London
office of German…owned bank Dresdner Kleinwort Wasserstein （DKW）。
They are suing for ￡800 million over allegations that the pany
refused to promote them and discriminated against them by allowing
after…hours trips to strip clubs for male colleagues and humiliating sexual
banter in the office。
186 The Thirty…Day MBA
the market。 It is equally important that such an advantage cannot be easily
copied。 In other words； there is a barrier to entry preventing others from
following the same path to riches。 The advantage can be anything – the
business name （Body Shop）； a catchy slogan （Never knowingly undersold
– John Lewis）； some technological wizardry （Dolby Noise Reduction）； an
instantly recognizable logo