Simple questions are sometimes the most effective. At a recent conference in Brussels on the European Commission’s plans to revise European Works Council law, there were some strident attempts to justify the commission’s actions. Ignoring the inherent bias of the commission-funded research which claims that 40 per cent of companies did not consult properly, a member of the audience interjected that “obviously then, 60 per cent of companies do consult properly”. The follow-up was the killer blow. “Why does the European Commission base its legislative proposals on things that go wrong, rather than things that go right?”. The Commission official was momentarily speechless and made no attempt to answer.

Later, at an informal dinner with the global HR leadership team of a US multinational I was reminded of thinking about the positive, when at the end of the meal, the executive vice president announced that it was time to “recognise”. So everyone present “recognised” an individual within their Company who had done something above and beyond what was required or expected. They stood up and explained what it was that their chosen person had done that was out of the ordinary. The process itself was subjective and entirely random and the issues and people recognised ranged across the organisation. It included someone who had managed the consequences of a customer-facing employee diagnosed with TB to an HR colleague who had assisted in the due diligence on an acquisition in Iberia. It sounds corny, but in reality it was not.

Simply put, it brought attention to those that deserved it. It worked. I was hooked and felt drawn to recognise one of the assistants who works for my client. An individual who is both fair and efficient and always goes the extra mile when asked, even if it is a consultant doing the asking.

So there you have it. HR thinks positively while the commission thinks negatively. Unlike a company they do not have to sell, they simply dictate. The best hope for the commission was that the European employers and trade unions would agree to negotiate revisions to the European Works Council law. Surprisingly for some, the trade unions have refused to negotiate. A decision that John Monks may well regret in the coming months and years. As a result of the trade union rejection of negotiations the ball is firmly in the commission court. They will now have to decide what will be in any revised proposals and when they will be introduced. Regardless of what the commission will bring forward we already know that their proposals will be based on what does not work. Not a recipe for success.